Law Matters
Dismissal for religious advocacy
Dismissal of a nurse for initiating conversations about religion with patients was not a breach of her right to freedom of religion, the Court of Appeal has ruled in Kuteh v Dartford And Gravesham NHS Trust [2019] EWCA Civ 818.
The employer did not have a blanket ban on religious speech at the workplace. But patients had complained that Mrs Kuteh had initiated unwanted religious conversations with them and the employer considered this inappropriate for a nurse.
Following a disciplinary hearing, she was dismissed. An employment tribunal dismissed Mrs Kuteh’s claim alleging unfair dismissal. She had disobeyed a lawful instruction by management not to engage in such discussions, and the trust was entitled to dismiss her for gross misconduct.