In the last chapter of the saga of the 'crucifix case' (Eweida v BA) the Court of Appeal has said that the claimant in a religious discrimination case will not succeed if they cannot show evidence of disadvantage to a wider group caused by the provision in question – in this case, not being allowed to wear visible jewellery with an open-necked blouse (including a crucifix). The evidence was that it was only the claimant's personal choice that was in issue in this case, since there was no evidence that wearing a crucifix was a religious requirement, so her claim failed.

Points to note –

  • This 'group' approach applies to all forms of unlawful discrimination except disability discrimination because the Disability Discrimination Act specifically states that it is sufficient if a provision criterion or practice or any physical feature of the premises 'places the disabled person concerned at a substantial disadvantage'.
  • The Court of Appeal in Eweida did not have to address the harder question of where the 'identifiable group' is to be found (within that employer?, in society at large?), other than to say that it may be very difficult in religious discrimination cases.

www.twobirds.com

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.