The long running case of Eweida v British Airways has recently been considered by the Court of Appeal which concluded that Mrs Eweida, a Christian, was not discriminated against as a result of BA’s refusal to allow her to wear a visible cross, in accordance with its uniform policy which did not allow visible jewelry.
Mrs Eweida claimed that BA’s refusal to allow her to wear the cross visibly amounted to indirect religious discrimination. The Court of Appeal disagreed. It concluded that it was not possible to make a general statement about the religious group concerned such that the employer should be able to appreciate that failing to allow the employee concerned to wear her necklace may have a disproportionate impact upon her religious group. In other words for a finding of indirect discrimination it is necessary to show that a group of people are disadvantaged by the policy, rather than just one individual.