In this article, Trainee Solicitor, Chelsea Jeffs outlines everything you need to know about non-molestation orders.
Pendleton v Derbyshire County Council
The Employment Appeal Tribunal (EAT) has decided in this case that is indirect religious discrimination to dismiss a teacher for refusing to leave her husband after his conviction for sex offences.
The Claimant was a teacher of many years unblemished service. Her husband, a Headteacher, was convicted of making indecent images of children and voyeurism. The school dismissed the Claimant for failing to end her relationship with her husband. The Claimant won an unfair dismissal claim as the school failed to show that the dismissal was for gross misconduct or some other substantial reason.
As the dismissal was based on a 'practice' of dismissing someone who had chosen not to end a relationship with a convicted sex offender, the Claimant alleged indirect religious discrimination; her Christian faith meant that she regarded her marriage vows as sacrosanct. The employment tribunal rejected that claim, but the EAT overturned the decision and substituted a finding of indirect religious discrimination.
The EAT held that on the facts, it was inevitable that the Claimant would be in a group (those holding a belief in the sanctity of marriage vows) that was put at a particular disadvantage by the school’s 'practice' of dismissing those in her situation, and there was no justification for the dismissal. The EAT noted that on these highly unusual facts, a 'practice' was established, and in the crisis of conscience that faced the Claimant (and others of similar beliefs) there was a 'particular disadvantage' and so unlawful discrimination.
In Practice
"This is a highly unusual case, but it does demonstrate that successful discrimination claims can come out of circumstances an employer would not even consider to be relevant. The fact the Claimant had many years good, loyal service and that the school could not show that it had suffered by the Claimant remaining employed were pertinent factors in this case," says Head of Employment Paul Burton.
At Frettens, all of our solicitors offer a free initial meeting or chat on the phone to answer your questions. If this article raises issues for you or your business, please call us on 01202 499255 and Kate or Paul will be happy to discuss it with you.