DISCRIMINATION - 24.03.2014

Forcing their religious beliefs on others

Inappropriate behaviour

The recent case of Grace v Places for Children 2013 , is both an interesting and helpful one for employers (see The next step ). Ms Grace (G), who is a Christian, had been employed as the manager at Places for Children, a nursery in London. In November 2011 the employer dismissed G for gross misconduct following her behaviour towards other members of staff which it considered to be “inappropriate and harassment” .

The grounds for dismissal

In this regard, it was said that G had:

• organised a number of unauthorised bible study sessions during working hours which had resulted in complaints from other employees
• left a pregnant colleague believing that she would suffer a miscarriage when she revealed the contents of a dream to her
• told another employee that something was going to happen in the nursery which would have a massive ripple effect which left staff members uneasy and scared.

Discriminatory treatment

Having been sacked, G issued a discrimination claim and sought compensation of £500,000. She was unable to claim unfair dismissal because she did not have the required length of service at the point her employment was terminated. The tribunal agreed with her that, under the Equality Act 2010 , all employees have the right not to be treated less favourably due to their religion or belief. However, it dismissed her claim for discrimination noting that she had been dismissed for her behaviour, not the views she held.

A sound decision

In reaching this decision, the tribunal relied on the Employment Appeal Tribunal’s (EAT) ruling in Chondol v Liverpool City Council 2009 . In that case, the Council’s decision to dismiss Chondol (C) for “improperly foisting” his beliefs on others - which included C giving a client a bible, asking others to accompany him to church and the general promotion of Christianity despite being told not to - was found to be fair.

Appealing the ruling

Unhappy with this outcome, G went to the EAT herself. Unfortunately for her, it dismissed her appeal, saying that the tribunal had applied the Act and previous case law correctly.

Tip 1. So, whilst you must always respect an employee’s religion or beliefs, they cannot manifest them in your workplace in a way which is inappropriate, unprofessional or that may upset, offend or harass other staff members or third parties, e.g. by telling a colleague that their sexual orientation goes against God’s law or that sex outside marriage is wrong. If they do so, that would give you grounds for their dismissal.

Tip 2. As you have a duty to protect all employees from discrimination, you should lay down clear rules on unacceptable behaviour in a dignity at work policy and train staff on it (see The next step ). This will help show that you’ve taken reasonable steps to prevent unlawful behaviour.

For the Employment Appeal Tribunal’s ruling in this case and for a free dignity at work policy, visit http://tipsandadvice-personnel.co.uk/download (PS 16.07.07).