LIST OF CASES / Eweida v British Airways plc EAT 2009

EAT on 20th November 2008, reported at [2009] ICR 303 (and at [2009] IRLR 78)

NOTES

Eweida v British Airways Plc, EAT on 20th November 2008, reported at [2009] ICR 303 (and at [2009] IRLR 78).

The full text of this judgment is available free of charge on the BAILII website.

Representation:

Ms Sarah Moore instructed by Messrs Ormerods, Solicitors, Green Dragon House , 64-70 High Street, Croydon CR0 9XN for Ms Eweida

Ms Ingrid Simpler instructed by Messrs Baker & McKenzie LLP, 100 New Bridge Street, London EC4V 6JA for the respondent employer, British Airways plc.

Authority for the proposition that:-

in order for indirect discrimination contrary to the Employment Equality (Religion or Belief) Regulations 2003 SI 2003/1660 to be established, it must be possible to make some general statements which would be true about a religious group such that an employer ought reasonably to be able to appreciate that any particular provision may have a disparate adverse impact on the group.

emplaw editor's note:
Ms Eweida appealed to the Court of Appeal against this EAT judgment but lost again in February 2010 - see Eweida v British Airways Plc CA 2010 ICR 890.

For relevant general notes see Religious discrimination/new regulations 2003

FINISH>
prepared Feb2009