My religion is better than yours…

legal_updates

An employee is of course entitled to express or manifest their religious beliefs whilst at work.

Author: Stephanie Strachan
Published:
Reading time: 2 minutes

This article is 6 years old.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

A recent Employment Appeal Tribunal decision has decide that disciplining a member of staff who had tried to impose her religious views on a Colleague of a different religion was fair and should not be considered unlawful religious discrimination.

Ms Wasteney is a Christian and she was disciplined for “grooming” a junior Colleague of Muslim faith. Ms Wasteney had invited the Colleague to different services and events at her church, giving the Colleague a book about converting to Christianity from Muslim faith and the laying of hands on the Colleague.  

Ms Wasteney’s Colleague eventually complained about the unwanted attention and pressure she was receiving from Ms Wasteney. Ms Wasteney was disciplined for this and found guilty of misconduct by way of improper pressure and unwanted conduct and given a formal warning. Ms Wasteney then pursued a claim against the employer for unlawful religious discrimination and harassment.

At the Employment Tribunal her claims were rejected. She appealed to the Employment Appeal Tribunal who agreed with the Employment Tribunal. They found that an employee is of course entitled to express or manifest their religious beliefs whilst at work, however, Ms Wasteney had gone further than this In taking advantage of the Junior Colleague and promoting her beliefs in a non-consensual way.  She did not have a “complete and unfettered right to discuss or act on her religious beliefs at work irrespective of the views of others or her employer” and therefore her claim for religious discrimination was dismissed.

Stephanie Strachan

In remembrance of Stephanie Strachan 1990-2020

Read more by this author

Getting in touch

You can contact us via the form or you can call us on 01480 455500.