UK Law Failed To Protect Christian Employee's Convention Right To Manifest Her Religious Beliefs

In Eweida and others v United Kingdom [2013] ECHR 37, the four claimants brought claims against the UK government in the European Court of Human Rights, claiming that UK law fails to adequately protect employees' rights to manifest their religious beliefs, as set out in the European Convention on Human Rights.

They had originally brought tribunal claims against their respective employers under the Religion or Belief Regulations, arguing that their employers' policies discriminated against them on the grounds of their religious beliefs. When these claims were unsuccessful, they challenged the UK government in the European Court of Human Rights (ECtHR).

Ms Eweida, who worked for British Airways (BA) as a check-in assistant, and Mrs Chaplin, a clinical nurse, both wanted to wear a silver cross to work as an expression of their faith. However, their employers refused to allow them to do so because it was contrary to their strict uniform policies.

The Tribunal, the EAT and the Court of Appeal all rejected their claims of indirect discrimination against their employers. In Ms Eweida's case the UK courts held that BA's actions were justified as there was a legitimate aim behind their uniform policy: retaining a particular corporate image. In Ms Chaplin's case, the employer's uniform policy could be objectively justified as it pursued the important legitimate aim of protecting the health and safety of staff and patients.

In the ECtHR, the court found that the claimants did not need to show that the act in question was a requirement of their particular religion, in order for a claim to succeed. Wearing a cross was a manifestation of the claimants' religious beliefs and attracted the protection of the European Convention on Human Rights. The employers' refusal to allow the Claimants to wear crosses interfered with that right. It was therefore a question of whether that interference was justified.

The ECtHR held that in Ms Eweida's case, while BA's wish to project a certain corporate image was a legitimate aim, the Court of Appeal had...