British Airways cross controversy
Encyclopedia
Eweida v British Airways plc [2010] EWCA Civ 80 is a UK labour law case concerning a public dispute between British Airways
(BA) and one of their employees over its uniform
policy. The case has been widely reported in the UK
media
because various groups have argued that it shows either anti-Christian
prejudice
in the UK, or alternatively, favouritism towards people of faith
.
which depicted a Christian cross
, and was placed on unpaid leave when she refused either to do so or to accept a position where she did not have to cover it up. She was wearing the necklace on the outside of her uniform, contravening BA's uniform policy for jewellery. Eweida planned to sue the airline for religious discrimination
. Some Christian groups accused British Airways of double standards, as Sikh
and Muslim
employees are not prevented from wearing religious garments at work, since these are impractical to cover up. Though the wearing of garments is required from some faiths, the wearing of jewellery is not in Christianity.
Eweida lost an initial appeal to her employers on 20 November, but publicly stated she would continue to dispute BA's policy, and that she wished to wear the cross to manifest
her religion: the BBC
quoted her as saying, "It is important to wear it to express my faith so that other people will know that Jesus
loves them."
The National Secular Society
declared it sensible for staff handling baggage to be prohibited from wearing jewellery over their uniforms, suggested that Eweida was trying to evangelise in the workplace and said that BA should have the right to insist that its uniform is neutral.
BA, having had the same policy with regard to jewellery being worn with the uniform for a long time, with which other staff were comfortable, responded to pressure and announced on 25 November a review of its uniform policy which could allow the wearing of a lapel badge. The Archbishop of Canterbury disclosed that the issue had been raised with the Church Commissioners, who look after Anglicans' financial interests. The following day Eweida declared that this compromise was unacceptable to her.
On 28 November, the Prime Minister, Tony Blair
, publicly stated that in his view the issue was not worth BA fighting and that it would be best for the airline "just to do the sensible thing": i.e. allow the cross to be worn.
On 19 January 2007 BA announced that they would in future allow employees to wear a symbol of faith "openly" on a lapel pin, "with some flexibility ... to wear a symbol of faith on a chain".
man he could still be "redeemed". Eweida indicated that she would continue to fight her employers while retaining her position at the company,
In October 2010, after the Supreme Court
refused to hear her case, Ms. Eweida announced her intention to seek redress in the European Court of Human Rights
in Strasbourg, the ultimate appeal court applicable to UK law.
British Airways
British Airways is the flag carrier airline of the United Kingdom, based in Waterside, near its main hub at London Heathrow Airport. British Airways is the largest airline in the UK based on fleet size, international flights and international destinations...
(BA) and one of their employees over its uniform
Uniform
A uniform is a set of standard clothing worn by members of an organization while participating in that organization's activity. Modern uniforms are worn by armed forces and paramilitary organizations such as police, emergency services, security guards, in some workplaces and schools and by inmates...
policy. The case has been widely reported in the UK
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
media
News media
The news media are those elements of the mass media that focus on delivering news to the general public or a target public.These include print media , broadcast news , and more recently the Internet .-Etymology:A medium is a carrier of something...
because various groups have argued that it shows either anti-Christian
Christian
A Christian is a person who adheres to Christianity, an Abrahamic, monotheistic religion based on the life and teachings of Jesus of Nazareth as recorded in the Canonical gospels and the letters of the New Testament...
prejudice
Prejudice
Prejudice is making a judgment or assumption about someone or something before having enough knowledge to be able to do so with guaranteed accuracy, or "judging a book by its cover"...
in the UK, or alternatively, favouritism towards people of faith
Faith
Faith is confidence or trust in a person or thing, or a belief that is not based on proof. In religion, faith is a belief in a transcendent reality, a religious teacher, a set of teachings or a Supreme Being. Generally speaking, it is offered as a means by which the truth of the proposition,...
.
Facts
In October 2006, Nadia Eweida, a Christian employee of British Airways, was asked to cover up a necklaceNecklace
A necklace is an article of jewellery which is worn around the neck. Necklaces are frequently formed from a metal jewellery chain. Others are woven or manufactured from cloth using string or twine....
which depicted a Christian cross
Christian cross
The Christian cross, seen as a representation of the instrument of the crucifixion of Jesus Christ, is the best-known religious symbol of Christianity...
, and was placed on unpaid leave when she refused either to do so or to accept a position where she did not have to cover it up. She was wearing the necklace on the outside of her uniform, contravening BA's uniform policy for jewellery. Eweida planned to sue the airline for religious discrimination
Religious discrimination
Religious discrimination is valuing or treating a person or group differently because of what they do or do not believe.A concept like that of 'religious discrimination' is necessary to take into account ambiguities of the term religious persecution. The infamous cases in which people have been...
. Some Christian groups accused British Airways of double standards, as Sikh
Sikh
A Sikh is a follower of Sikhism. It primarily originated in the 15th century in the Punjab region of South Asia. The term "Sikh" has its origin in Sanskrit term शिष्य , meaning "disciple, student" or शिक्ष , meaning "instruction"...
and Muslim
Muslim
A Muslim, also spelled Moslem, is an adherent of Islam, a monotheistic, Abrahamic religion based on the Quran, which Muslims consider the verbatim word of God as revealed to prophet Muhammad. "Muslim" is the Arabic term for "submitter" .Muslims believe that God is one and incomparable...
employees are not prevented from wearing religious garments at work, since these are impractical to cover up. Though the wearing of garments is required from some faiths, the wearing of jewellery is not in Christianity.
Eweida lost an initial appeal to her employers on 20 November, but publicly stated she would continue to dispute BA's policy, and that she wished to wear the cross to manifest
Manifest
Manifest has different meanings. It may refer to the following:Arts* Manifest , the Melbourne Anime FestivalBusiness* Manifest Limited, the UK marketing companyComputing...
her religion: the BBC
BBC
The British Broadcasting Corporation is a British public service broadcaster. Its headquarters is at Broadcasting House in the City of Westminster, London. It is the largest broadcaster in the world, with about 23,000 staff...
quoted her as saying, "It is important to wear it to express my faith so that other people will know that Jesus
Jesus
Jesus of Nazareth , commonly referred to as Jesus Christ or simply as Jesus or Christ, is the central figure of Christianity...
loves them."
The National Secular Society
National Secular Society
The National Secular Society is a British campaigning organisation that promotes secularism and the separation of church and state. It holds that no-one should gain advantage or disadvantage because of their religion or lack of religion. It was founded by Charles Bradlaugh in 1866...
declared it sensible for staff handling baggage to be prohibited from wearing jewellery over their uniforms, suggested that Eweida was trying to evangelise in the workplace and said that BA should have the right to insist that its uniform is neutral.
BA, having had the same policy with regard to jewellery being worn with the uniform for a long time, with which other staff were comfortable, responded to pressure and announced on 25 November a review of its uniform policy which could allow the wearing of a lapel badge. The Archbishop of Canterbury disclosed that the issue had been raised with the Church Commissioners, who look after Anglicans' financial interests. The following day Eweida declared that this compromise was unacceptable to her.
On 28 November, the Prime Minister, Tony Blair
Tony Blair
Anthony Charles Lynton Blair is a former British Labour Party politician who served as the Prime Minister of the United Kingdom from 2 May 1997 to 27 June 2007. He was the Member of Parliament for Sedgefield from 1983 to 2007 and Leader of the Labour Party from 1994 to 2007...
, publicly stated that in his view the issue was not worth BA fighting and that it would be best for the airline "just to do the sensible thing": i.e. allow the cross to be worn.
On 19 January 2007 BA announced that they would in future allow employees to wear a symbol of faith "openly" on a lapel pin, "with some flexibility ... to wear a symbol of faith on a chain".
Employment Tribunal
Although BA changed its policy, it refused to pay Eweida for the period of her suspension. Eweida opted to pursue her case against BA at an employment tribunal, citing the original BA ruling as a form of discrimination against Christians. On 8 January 2008, after rejecting an out of court settlement offer reported at £8,500, Eweida lost her case. It was rejected on the grounds that she had breached the firm's regulations without good cause. The tribunal commented that it was "not a tribunal of faith". The tribunal's report highlighted several other issues regarding Eweida's conduct at BA, including refusing to work on Christmas Day and telling a gayGay
Gay is a word that refers to a homosexual person, especially a homosexual male. For homosexual women the specific term is "lesbian"....
man he could still be "redeemed". Eweida indicated that she would continue to fight her employers while retaining her position at the company,
Employment Appeal Tribunal
In the Employment Appeal Tribunal, Elias J refused Ms Eweida's appeal.Court of Appeal
Eweida first appealed to the Court of Appeal for a costs capping order, which was shortly refused. She then appealed on substantive grounds, which also failed in February, 2010. Sedley LJ upheld the judgment of the EAT.In October 2010, after the Supreme Court
Supreme Court of the United Kingdom
The Supreme Court of the United Kingdom is the supreme court in all matters under English law, Northern Ireland law and Scottish civil law. It is the court of last resort and highest appellate court in the United Kingdom; however the High Court of Justiciary remains the supreme court for criminal...
refused to hear her case, Ms. Eweida announced her intention to seek redress in the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
in Strasbourg, the ultimate appeal court applicable to UK law.