BA Wins Latest Round in Dress Code Policy

The Court of Appeal ruled this week in favour of British Airways in a case brought by a member of staff against their dress code. The hearing was the latest round in a case brought by Ms Eweida, backed by human rights group Liberty, against BA’s dress code which forbade the wearing of a visible neck adornment.

The case, brought for a claim of indirect discrimination on grounds of belief, is due to Ms Eweida, a devout practising Christian, not being allowed to wear a cross where this was visible under her uniform.

In giving the court’s ruling, Lord Justice Sedley said the case was defeated by BA’s case on justification. 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.”

The case is now expected to go to the Supreme Court, so it remains possible that the judgement may yet be overturned.

Filed under: Discrimination by Employment Law Clinic           Post created on: February 14th, 2010