FOGLI DI LAVORO per il Diritto internazionale 3 ... - Giurisprudenza

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278 FOGLI DI LAVORO per il Diritto internazionale 3/2008 Dragon House 64-70 High Street CROYDON CR0 9XN For the Respondent MS INGRID SIMLER (One of Her Majesty’s Counsel) Instructed by: Messrs Baker & McKenzie LLP 100 New Bridge Street LONDON EC4V 6JA
SUMMARY FOGLI DI LAVORO per il Diritto internazionale 3/2008 RELIGION OR BELIEF DISCRIMINATION The claimant was a Christian who objected to BA’s policy of requiring jewellery to be worn concealed by the uniform. There were exceptions for those whose religions required them to wear items that could not be so concealed. She brought claims of direct and indirect discrimination on grounds of religious belief, as well as harassment discrimination. All these claims failed. She appealed against the finding of indirect discrimination only. The Employment Tribunal had held that there was no such discrimination because there was no evidence that a group of Christians were put at a particular religious disadvantage when compared with non-Christians. The EAT dismissed the appeal and held that this was a cogent and justified conclusion displaying no error of law. THE HONOURABLE MR JUSTICE ELIAS (PRESIDENT) 1 Ms Eweida is a devout practising Christian who regards the cross as the central image of her faith. She worked part time for British Airways plc as a member of the check-in staff from 1999. Her job requires her to wear a uniform. She wished to wear plain silver cross (not a crucifix) which was between 1 and 2” high and would be visible over her uniform. She accepted that it was not an article of her faith to wear the cross in that manner. However, she saw it as a personal expression of her faith. 2 BA’s rules forbade this. BA had adopted a uniform policy which permitted an employee to wear any item which he or she wished under the uniform, provided it was not visible. The only circumstances in which religious items could be visibly worn outside the uniform were if wearing the item was a “mandatory” scriptural requirement and the item could not be 279
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FOGLI DI LAVORO per il Diritto internazionale 3 ... - Giurisprudenza

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