Indirect Discrimination and Individual Belief: Eweida v British Airways plc

Abstract

The decision in Eweida v British Airways that there was no discrimination where a Christian member of check-in staff was not allowed to wear her cross visibly at work has received much publicity, despite the fact that BA changed its policy before the case even reached the tribunal. The case raises many questions about the equal treatment of religions and the question of whether religious practices must be mandatory before they are protected, issues which have been discussed elsewhere in this Journal. The focus of this article, however, is the implications of the decision for the application of indirect discrimination to those who hold minority religious views.