Religious Discrimination

In Gan Menachem Hendon Limited v de Groen, an ultra-orthodox Jewish nursery asked a teacher to confirm that she no longer lived with her boyfriend, given that this was contrary to the beliefs of ultra-orthodox Jews.  The teacher refused and the nursery dismissed her.  The Employment Appeal Tribunal held that this did not comprise discrimination on the grounds of religion or belief, given that the teacher had been treated less favourably due to the nursery’s beliefs, rather than her own beliefs. This case demonstrates that less favourable treatment because of the beliefs of an employer is not sufficient to succeed in a religion or belief discrimination claim.  Whilst in this case the employee appeared to be poorly treated due to her beliefs about cohabitation, this was not sufficient from a legal perspective.