Ingrid Simler QC appears in Eweida v British Airways in Court of Appeal

Ingrid Simler QC appeared in the Court of Appeal on 19 January 2010, on behalf of British Airways, in an important religious discrimination case. The case will identify the limits of the indirect discrimination provisions in the context of religion and belief. BA has to date successfully resisted all claims by its employee, Nadia Eweida.

Ms Eweida wished to wear a cross on a chain visibly as an expression of her Christian faith, whilst in uniform. This was despite a carefully drawn uniform policy that prohibited all necklaces worn visibly.

The central issue for the Court of Appeal is whether a policy or practice that disadvantages a single person alone (out of a workforce of 30,000) by reason of her personal and subjective religion or religious belief, can constitute indirect discrimination that falls to be justified by the employer.

Judgment was reserved.

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