InsightsInsight - Employment & HR - POSTED: April 13 2016
Christian employee loses appeal against claim for unlawful religious discrimination and harassment
A senior Christian employee has lost her appeal after improperly promoting Christianity to a junior Muslim colleague.
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Ms Wasteney had been given a final written warning after providing a junior Muslim member of staff with Christian literature, praying for her during work and asking her to attend church.
It was considered that this behaviour amounted to gross misconduct. Ms Wasteney brought a claim against her employee for unlawful religious discrimination and harassment but the employment tribunal held that she was not discriminated against on the grounds of her religion.
The tribunal also considered whether Article 9 of the European Convention on Human Rights (freedom of thought, conscience and religion) would assist Ms Wasteney but concluded that 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”.
This week the Employment Appeals Tribunal upheld the view of the employment tribunal stating that Ms Wasteney was not disciplined because of her religion but because she “blurred professional boundaries and placed improper pressure on a junior employee.”
It was considered that an employer had the right to discipline an employee for improperly manifesting a religious belief
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