Stewardess banned from carrying Bible claims discrimination

Newspapers today are reporting that a second airline has found itself at the centre of religious discrimination claims.

BMI is reportedly being taken to an Employment Tribunal by one of its stewardesses because the airline would not permit her to carry her Bible on flights to Saudi Arabia: a move which, it claims, simply follows advice from the Foreign Office.

Foreign Office safety guidance states:

“Saudi Arabia is a Muslim country in which Islamic law is strictly enforced.

“The public practice of any form of religion other than Islam, or proselytising, is not permitted.

“The importation and use of narcotics, alcohol, pork products and religious books (apart from the Qu'ran) and artefacts are forbidden.”

But according to reports, the stewardess, who has strong religious beliefs and carries a Bible at all times, considers the move to be discrimination on the grounds of her faith.

This latest case follows that of British Airways employee Nadia Eweida who claimed discrimination stating that, after undergoing training on respecting and understanding other people's beliefs, she was effectively "forced" to take unpaid leave after refusing to conceal the cross she wore.

BA denied it banned the wearing of crosses saying that its uniform policy stated that such items can be worn if concealed underneath the employee’s uniform.

Eweida turned down a compromise deal which said she could return to work if she agreed to take a backroom job. She later lost her claim.

A BA spokesperson was quoted at the time saying:

"British Airways has 34,000 uniformed staff, all of whom know they must abide by our uniform policy.

"The policy does not ban staff from wearing a cross. It lays down that personal items of jewellery, including crosses may be worn - but underneath the uniform. Other airlines have the same policy.

"The policy recognises that it is not practical for some religious symbols - such as turbans and hijabs - to be worn underneath the uniform. This is purely a question of practicality. There is no discrimination between faiths.”

Answering one employer’s query in the Workplace Law publication Dodging Bullets: advice for employers on tricky legal situations, Jane Byford, Partner at law firm Martineau Johnson, gives the following guidance on religious discrimination in the workplace:

“Under the Employment Equality (Religion or Belief) Regulations 2003 an employer has a duty not only not to treat someone less favourably on the grounds of their religion, but also not to indirectly discriminate against members of a particular religion in relation to any provision, criteria or practice it adopts. “