Discrimination on grounds of religion not a factor in dismissal

The dismissal of a teacher at an ultra-orthodox Jewish nursery who refused to lie about living with her boyfriend was not discrimination on the grounds of religion or belief, according to the Employment Appeal Tribunal (EAT) in Gan Menachem Hendon Ltd v De Groen UKEAT/0059/18.


Zelda De Groen was a Jewish teacher at an ultra-orthodox nursery. She attended a barbecue at the nursery with her boyfriend, during which they revealed in front of staff and parents of the children in the nursery that they lived together. 


This was against the beliefs of ultra-orthodox Jews and there was a risk that parents would withdraw their children from the nursery. 


At a subsequent meeting, the head teacher and managing director suggested that De Groen deny that she was living with her boyfriend even if she still was. She refused to lie, asked for an apology and was dismissed.


The EAT said, applying the law set out by the Supreme Court in Lee v Ashers Baking Company Ltd 2018 3 WLR 1294, that since the nursery was acting on their own beliefs and not those of De Groen, this was not direct discrimination based on religion or belief. Nor was it indirect discrimination, since she could point to no provision, criterion or practice that had discriminatory effect. 


However, the nursery’s criticisms of her at a meeting and in her dismissal letter, amounted to sex discrimination.

www.bailii.org/uk/cases/UKEAT/2019/0059_18_1202.html