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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