A
Christian has lost her appeal against a ruling which cleared British
Airways of discrimination by stopping her wearing a cross visibly at
work.
Nadia Eweida had wanted three judges to overturn a decision by the
Employment Appeal Tribunal that she was not a victim of indirect
religion or belief discrimination.
Lord Justice Sedley, giving the ruling of the court, said her case of
indirect discrimination was defeated by BA's case on justification.
Related articles
He said: This case has perhaps illustrated some of the problems
which can arise when an individual asserts that a provision, criterion
or practice adopted by an employer conflicts with beliefs which they
hold but which may not only not be shared but may be opposed by others
in the workforce. It is not unthinkable that a blanket ban may sometimes
be the only fair solution.
Eweida, who is backed by human rights group Liberty, returned to work
after the policy change but claimed she was due around £120,000 in
damages and lost wages.
Corinna Ferguson, Liberty's legal officer who represents Ms Ewedia,
said: This is a disappointing judgment that will do little to build
public confidence in equality laws protecting everyone. But this is just
the sort of case that a Supreme Court is for and we have every hope that
the highest court in the land will put Britain's long tradition of
religious tolerance into modern legal practice.
Lord Carey, former archbishop of Canterbury and supporter of Ms
Eweida, said: The news that Nadia Eweida's appeal has failed is a sad
blow both to her personally, and the cause of religious liberties and
freedoms. Sadly, the failure of this appeal is likely to lead to further
cases of religious discrimination. I believe it is not an exaggeration
to say that people of faith are facing particular hardship in a period
where different freedoms and rights are being tested against each other.
Carla Revere, vice president of the National Secular Society, said:
At the moment, employers are walking on eggshells in many areas which
involve religion at work. We hope that this judgment will help them feel
more confident in setting their employment policies in relation to dress
codes and other religious requirements.
|