A staff dress code which did not permit employees to wear visible jewellery, including a religious cross is not indirectly discriminatory on grounds of religion.

The Court of Appeal has now handed down its decision in the case of Eweida -v- British Airways.  Ms Eweida who worked as a member of check in staff for British Airways ("BA") was a practising Christian.  BA's policy was that employees were allowed to wear jewellery provided it wasn’t visible.  Items deemed to be a mandatory religious requirement which could not be concealed could be permitted by management.  Miss Eweida refused to conceal silver cross worn on a necklace and was sent home from work without pay.  Her claims which included direct and indirect discrimination under the Religion and Belief Regulations were all dismissed.

The Court of Appeal confirmed that the only person in this case put at disadvantage was Miss Eweida.   The court held that it was not possible for an individual alone to be subject to indirect discrimination.   An identifiable section of the workforce must be shown to have suffered the disadvantage.

BA's policy on the ban of visible adornment was a proportionate means of achieving a legitimate aim.

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