BA employee loses discrimination claim over wearing of a cross

A British Airways employee who was told she could not wear a cross over her uniform has lost her claim of indirect religious discrimination.

Nadia Eweida took her case to the Court of Appeal after losing at an employment tribunal and before the Employment Appeal Tribunal.

However, the Appeal Court judges held that Christianity did not require people to make a public display of their faith and therefore it was not discriminatory for an employer to have a dress code that prevented a cross being seen above the clothes.

The Appeal judges also held that indirect discrimination under the Employment Equality (Religion of Belief) Regulations 2003 required that a group of people should be disadvantaged. This was in contrast to other legislation such as the Disability Discrimination Act 1995 which provided for indirect discrimination against one person.

In this case, however, Ms Eweida was the only person claiming to have been disadvantaged. No one else was making a similar claim.

Her appeal was dismissed.

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March 2010

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