Indirect Religious Belief Discrimination

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RELIGIOUS DISCRIMINATION: A Christian employee, believing her marriage vow is sacrosanct, was put at a ‘particular disadvantage’ for the purposes of an indirect discrimination claim when given a “choice” to leave her husband (who was convicted of sexual offences relating to children) or be dismissed.

She stayed with her husband and her employer, a school, dismissed her.

While comparators in long-term, loving & committed relationships would also face difficulty when faced with this particular “choice”, employees holding the religious belief in the sanctity of marriage vows have an additional burden amounting to a particular disadvantage. See Pendleton v (1) Derbyshire County Council, (2) Governing Body of Glebe Junior School

Here is a link to the EAT’s judgement.

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DISCLAIMER: This document is intended to be a guide to the current law only. It does not constitute legal advice and you are not entitled to rely upon it. You should always take proper legal advice relating to your own situation before acting.