''Eweida v United Kingdom'' is a
UK labour law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equi ...
decision of the
European Court of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
, concerning the duty of the government of the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and No ...
to protect the religious rights of individuals under the
European Convention on Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by t ...
. The European Court found that the British government had failed to protect the complainant's right to manifest her religion, in breach of
Article 9 of the European Convention. For failing to protect her rights, the British government was found liable to pay non-pecuniary damages of €2,000, along with a costs award of €30,000.
The case arose from a dispute between
British Airways
British Airways (BA) is the flag carrier airline of the United Kingdom. It is headquartered in London, England, near its main hub at Heathrow Airport.
The airline is the second largest UK-based carrier, based on fleet size and passengers ca ...
(BA) and one of its employees, Nadia Eweida, over its
uniform
A uniform is a variety of clothing worn by members of an organization while participating in that organization's activity. Modern uniforms are most often worn by armed forces and paramilitary organizations such as police, emergency services, se ...
policy, which required that religious jewellery had to be worn out of sight, under one's clothing. Eweida visibly wore a necklace with a religious symbol, a small cross, while working. British Airways placed her on unpaid leave for doing so. The British courts ruled in favour of British Airways and against Eweida under the
Human Rights Act 1998
The Human Rights Act 1998 (c. 42) is an Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the rights contained in the European Con ...
, an Act of the British Parliament which implements the European Convention in British law. Eweida then brought a complaint under the European Convention against the Government of the United Kingdom, alleging that the decisions of the British courts amounted to a failure by the United Kingdom to protect her religious rights.
The case was widely reported in the British
media
Media may refer to:
Communication
* Media (communication), tools used to deliver information or data
** Advertising media, various media, content, buying and placement for advertising
** Broadcast media, communications delivered over mass ...
. Some individuals argued that British Airways' policy showed anti-
Christian
Christians () are people who follow or adhere to Christianity, a monotheistic Abrahamic religion based on the life and teachings of Jesus Christ. The words '' Christ'' and ''Christian'' derive from the Koine Greek title ''Christós'' (Χρι� ...
prejudice
Prejudice can be an affective feeling towards a person based on their perceived group membership. The word is often used to refer to a preconceived (usually unfavourable) evaluation or classification of another person based on that person's perc ...
.
Other groups argued that it showed favouritism towards people of
faith
Faith, derived from Latin ''fides'' and Old French ''feid'', is confidence or trust in a person, thing, or In the context of religion, one can define faith as "belief in God or in the doctrines or teachings of religion".
Religious people often ...
.
Facts
In October 2006, Nadia Eweida, a Christian employee of British Airways, was asked to cover up a
cross necklace __NOTOC__
A cross necklace is any necklace featuring a Christian cross or crucifix.
Crosses are often worn as an indication of commitment to the Christian faith, and are sometimes received as gifts for rites such as baptism and confirmation. ...
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
Religious discrimination is treating a person or group differently because of the particular beliefs which they hold about a religion. This includes instances when adherents of different religions, denominations or non-religions are treated u ...
. Some Christian groups accused British Airways of double standards, as
Sikh
Sikhs ( or ; pa, ਸਿੱਖ, ' ) are people who adhere to Sikhism (Sikhi), a monotheistic religion that originated in the late 15th century in the Punjab region of the Indian subcontinent, based on the revelation of Guru Nanak. The term ...
and
Muslim
Muslims ( ar, المسلمون, , ) are people who adhere to Islam, a monotheistic religion belonging to the Abrahamic tradition. They consider the Quran, the foundational religious text of Islam, to be the verbatim word of the God of Abraha ...
employees are not prevented from wearing religious garments at work, since these are impractical to cover up.
Although the wearing of garments is a requirement in some faiths, in this case, British Airways believes that wearing a cross is not necessary in Christianity, in general.
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 #REDIRECT BBC
Here i going to introduce about the best teacher of my life b BALAJI sir. He is the precious gift that I got befor 2yrs . How has helped and thought all the concept and made my success in the 10th board exam. ...
quoted her as saying, "It is important to wear it to express my faith so that other people will know that
Jesus
Jesus, likely from he, יֵשׁוּעַ, translit=Yēšūaʿ, label=Hebrew/Aramaic ( AD 30 or 33), also referred to as Jesus Christ or Jesus of Nazareth (among other names and titles), was a first-century Jewish preacher and religious ...
loves them."
The
National Secular Society
The National Secular Society (NSS) 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 it. It was ...
argued it was sensible for staff handling baggage to be prohibited from wearing jewellery over their uniforms, said that Eweida was trying to
evangelise in the workplace and 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
Sir Anthony Charles Lynton Blair (born 6 May 1953) is a British former politician who served as Prime Minister of the United Kingdom from 1997 to 2007 and Leader of the Labour Party from 1994 to 2007. He previously served as Leader of th ...
, 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".
Judgments of the British Tribunals and Court of Appeal
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
Christmas is an annual festival commemorating the birth of Jesus Christ, observed primarily on December 25 as a religious and cultural celebration among billions of people around the world. A feast central to the Christian liturgical year, ...
and telling a
gay
''Gay'' is a term that primarily refers to a homosexual person or the trait of being homosexual. The term originally meant 'carefree', 'cheerful', or 'bright and showy'.
While scant usage referring to male homosexuality dates to the late 1 ...
colleague that he could still be "redeemed".
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.
The Guardian
''The Guardian'' is a British daily newspaper. It was founded in 1821 as ''The Manchester Guardian'', and changed its name in 1959. Along with its sister papers ''The Observer'' and ''The Guardian Weekly'', ''The Guardian'' is part of the Gu ...
, 12 February 2010
Christian BA worker loses appeal over cross
/ref> Sedley LJ upheld the judgment of the EAT.
In October 2010, after the Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions ...
refused to hear her case, Ms. Eweida announced her intention to seek redress in the European Court of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
in Strasbourg.Press Association
PA Media (formerly the Press Association) is a multimedia news agency, and the national news agency of the United Kingdom and Ireland. It is part of PA Media Group Limited, a private company with 26 shareholders, most of whom are national and r ...
, 22 October 2010
Christian BA worker takes cross case to Europe
/ref>
European Court of Human Rights
The European Court of Human Rights heard Ms. Eweida's case in September 2012, in combination with three other cases. This was against the UK government for failing to provide domestic law to protect the claimed rights, rather than against BA. In January 2013, the court found that her rights had been violated under Article 9 of the European Convention on Human Rights and awarded her damages of €2,000 plus costs of €30,000. They ruled this as they said British Airways had not reached a fair balance between Eweida's religious beliefs and the company's desire to have a particular corporate image.
The court said the following, in weighing up the merits of the case.
Significance
This case highlighted some issues around the inadequacy of UK employment equality law
United Kingdom employment equality law is a body of law which legislates against prejudice-based actions in the workplace. As an integral part of UK labour law it is unlawful to discriminate against a person because they have one of the "protected ...
in dealing with religion cases. There has been a suggestion from lawyers at Lewis Silkin LLP that perhaps a better approach might be for employers to have a duty to make adjustments to accommodate religion (as currently exists in the US and Canada).
See also
*UK labour law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equi ...
*UK employment discrimination law
United Kingdom employment equality law is a body of law which legislates against prejudice-based actions in the workplace. As an integral part of UK labour law it is unlawful to discriminate against a person because they have one of the "protected ...
*'' Goldman v. Weinberger''
Notes
References
*E McGaughey, ''A Casebook on Labour Law'' (Hart 2019) ch 13, 598
External links
British Airways
{{Portal bar, Aviation, Christianity, Law, Religion
Christianity-related controversies
History of Christianity in the United Kingdom
Secularism in the United Kingdom
British Airways litigation
Court of Appeal (England and Wales) cases
European Court of Human Rights cases involving the United Kingdom
Article 9 of the European Convention on Human Rights
2010 in case law
2010 in British law
2010 in religion
British uniforms