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18 February 2010
Issue: 7405 / Categories: Legal News
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Court rejects crucifix appeal

BA ban “proportionate means of achieving a legitimate business aim”

British Airways did not indirectly discriminate against Nadia Eweida by adopting a staff dress code which banned the wearing of visible neck adornment, the Court of Appeal has ruled.

In Eweida v British Airways [2010] EWCA Civ 80 the court rejected the submission that one individual person could be the victim of indirect discrimination. Lord Justice Sedley pointed out that this would place “an impossible burden on employers to anticipate and provide for what may be parochial or even factitious beliefs in society at large”. At least a small group of workers must be shown to share the disadvantage with the claimant for a finding of indirect discrimination to be made.

The court further found that BA’s dress code and the ban on adornment was a proportionate means of achieving a legitimate business aim.

Sedley LJ said: “On the footing on which the indirect discrimination claim is now advanced, namely disadvantage to a single individual arising out of her wish to manifest her faith in a particular way, everything in the tribunal’s findings of fact shows the rule, both during the years when it operated without objection and while it was being reconsidered on Ms Eweida’s instigation, to have been a proportionate means of achieving a legitimate aim. The contrary is not in my view arguable.”

Eweida, a part-time member of BA’s check-in staff, is a devout Christian and wears a silver cross on a necklace. She was asked to remove the necklace two years after BA introduced a new uniform with an open neck, as her cross was visible. She left and remained at home, unpaid, for several months until BA revised its policy to allow staff to display a faith or charity symbol with their uniform. She has since returned to work.
 

Issue: 7405 / Categories: Legal News
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MOVERS & SHAKERS

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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