The European Court of Human Rights (“ECHR”) has decided today that Nadia Eweida, who had been required to remove or conceal a cross she wore as part of British Airways’ uniform policy, suffered discrimination because of her religious beliefs.
Ms Eweida had previously lost her claim in the English Courts right up to the Court of Appeal. The latter had held, back in 2010, that Ms Eweida had not suffered indirect religious discrimination as an employer, when faced with conflicting responses from people of different beliefs, could use a blanket ban as the only fair solution. Furthermore, even if they had indirectly discriminated against Ms Eweida, BA could justify the ban as a proportionate means of achieving a legitimate aim.
Paul Burton, Employment Solicitor, says “However, the ECHR has now overturned the Court of Appeal by saying that BA had breached Article 9 of the European Convention on Human Rights, which gives people the right to freedom of thought, conscience and religion.” The full decision of the ECHR is yet to be released, but it is likely to have huge implications on discrimination law in the UK. It should be noted that BA has already amended their uniform policy to allow people to wear crosses at work.
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