14.10.2008

Appeal Against British Airways in Religious Discrimination Case

A devout Christian who was asked to conceal a necklace with a cross is appealing against a ruling that British Airways did not discriminate against her. The ruling, made at Tribunal in January, rejected Nadia Eweida's claim that she was a victim of religious discrimination - a ruling she is seeking to overturn.

The employment appeal tribunal was told she was sent home from work on September 20 2006 after she failed to reach a compromise with managers over a plain silver cross on a chain around her neck.

She did not return to work until February of the following year when the airline changed its uniform policy. She was unpaid during this period.

Her case centred on her claim that the airline had "ruled for one minority group but not the other". She had argued that while Muslims and Sikhs were allowed to wear hijabs and religious Kara bangles respectively, she as a Christian had been asked to remove her cross necklace or hide it from sight.

Sarah Moore, counsel for Eweida, said:-

"There is only one core issue, which is whether British Airways discriminated against the appellant on the grounds of her religion or belief when it prevented her from wearing visibly a small cross around her neck at work which she wished to do as a means of expressing her Christian faith."

The tribunal was told the uniform policy at the time was that personal jewellery and other items, including any item worn for religious reasons, should be concealed by the uniform unless otherwise expressly permitted by British Airways.

In January of last year British Airways changed its uniform policy to allow all religious symbols, including crosses, to be worn openly.

The airline said it would allow religious symbols such as lapel pins and "some flexibility for individuals to wear a symbol of faith on a chain".

The hearing continues.