EAT Religion or belief – direct discrimination (section 13 EqA 2010) – harassment (section 26)
Article 9 European Convention on Human Rights
Complaints had been made by a junior worker of Muslim faith against the Claimant, a more senior manager position who was a Christian. The complaints related to various interactions with the Claimant which the complainant characterised as ‘grooming’; these included the Claimant’s praying with the junior worker and the laying on of hands, giving a book to that worker, which concerned the conversion to Christianity of a Muslim woman, and inviting her to various services and events at the Claimant’s Church. The Respondent had investigated the complaints under its disciplinary procedure and had found the Claimant guilty of serious misconduct, namely the blurring of professional boundaries and the subjection of a junior colleague to improper pressure and unwanted conduct. The Claimant was given a final written warning, reduced on appeal to a first written warning.
The Claimant had complained to the ET of direct discrimination and harassment because of/related to her religion or belief. The ET had rejected those claims.
On the Claimant’s appeal:
Held:
The Claimant’s case was premised on a characterisation of the manifestation of her religious belief in ‘consensual’ interactions with the junior worker. The ET’s findings of fact did not, however, find that the Respondent had taken action against the Claimant on that basis. It had concluded that the Claimant was not subjected to disciplinary process or sanction because she manifested her religious belief in voluntary and consensual exchanges with a colleague but because she subjected a subordinate to unwanted and unwelcome conduct, going substantially beyond ‘religious discussion’, without regard to her own influential position. The treatment of which the Claimant complained was because of, and related to, those inappropriate actions; not any legitimate manifestation of her belief (Chondol v Liverpool City Council [2009] UKEAT/0298/08 and Grace v Places for Children [2013] UKEAT/0217/13).
Eady QC HHJ
[2016] UKEAT 0157 – 15 – 0704
Bailii
Equality Act 2010 13, European Convention on Human Rights 8
England and Wales
Employment, Human Rights
Leading Case
Updated: 11 November 2021; Ref: scu.562553
