Indirect Religious Discrimination Claim surprisingly succeeds

Indirect Religious Discrimination Claim surprisingly succeeds


  • Date: Thursday 2nd June 2016

The facts:

Mrs Pendleton chose to remain married to her husband, who was convicted of making indecent images of children and sentenced to 10 months in prison. She did so because of her religious belief (Mrs Pendleton is a devout Christian and does not believe in divorce). Her employer, a school, dismissed her on grounds of safeguarding.

 

Mrs Pendleton claimed unfair dismissal, lost, but the claim was subsequently allowed by the Employment Appeals Tribunal. They argued that Mrs Pendleton had been put at a particular disadvantage through her religion or belief and that the school’s decision to dismiss was disproportionate to their safeguarding aim.


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