04 December 2008
Eweida v British Airways Plc (EAT, 20 November 2008)
The Employment Appeal Tribunal would not discount the possibility that, in an appropriate case, it might be open to employees to allege indirect discrimination even though the complaint is about a provision with which they have complied.
The concept of indirect discrimination identifies particular disadvantage resulting from the application of a provision, criterion or practice, but it does not link it specifically to non-compliance with the provision or criterion in issue.
