Latest from our Legal Eagle for HR Professionals...

Tuesday January 6 2009

Our very own legal eagle, Anna Denton from Morgan Denton Jones, has been kind enough to share her up-to-the-minute legal knowledge with us...and you!

 

Keep checking the scrapblog every week for the latest legal news, hints, tips and facts. 

 

This week's legal latest...

 

Ban on wearing cross visibly did not amount to indirect religious discrimination

 

In Eweida v British Airways plc the Employment Appeal Tribunal upheld an employment tribunal's finding that a Christian employee was not indirectly discriminated against on the ground of her religion and belief where BA, in line with its uniform policy, insisted that the cross on her necklace be concealed.

 

The wearing of a visible cross was not a religious requirement, and the employee had failed to put forward sufficient evidence to suggest that the policy requiring non-uniform items to be concealed placed Christians "at a particular disadvantage" within the meaning of the Employment Equality (Religion or Belief) Regulations 2003. The EAT accepted that it is "almost inconceivable" that no-one shares the employee's belief that the cross should be worn as an expression of Christian faith. However, this was not sufficient to establish the necessary degree of group disadvantage to get the employee's indirect discrimination claim off the ground.

 

The EAT did agree that if Christians had been placed at a particular disadvantage by BA's policy, the company's justification defence would have failed.

 

If you would like to receive information on the HR related seminars that Anna presents for Marble Recruitment, please email nicola@marblerecruitment.co.uk

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