Dismissal of Christian found to be discriminatory

In Mbuyi v Newpark Childcare (Shepherds Bush) Limited an Employment Tribunal has held that it was directly discriminatory to dismiss a Christian nursery assistant following her conversation with a lesbian colleague during which she expressed her belief that God does not approve of homosexuality. [read more] Even though the conversation had been initiated by the colleague and the Claimant was giving an honest answer to the question, the Tribunal found that the employer had characterised the exchange as harassment. This, coupled with other examples of unfairness in the dismissal process, gave the Tribunal reason to conclude that the employer’s decision came about through a stereotypical view of evangelical Christians.

This is a decision which demonstrates the perils for employers in basing disciplinary decisions on assumptions about, and stereotypical views of, certain religious beliefs.

This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.

For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222.