News Article

In the case of Gan Menachem Hendon Limited v de Groen, the EAT has held that it was not discrimination on the grounds of religion or belief for an ultra-orthodox Jewish nursery to dismiss a teacher for refusing to lie to parents, when it discovered that she was cohabiting with her boyfriend.

The EAT considered the Lee v Ashers Baking case and confirmed that the motive for the discrimination is immaterial and must be based on the victim’s beliefs (not the discriminator’s, providing they would act in the same way regardless of who is affected). It held that the unfavourable treatment was on the grounds of the nursery’s beliefs, rather than the teacher’s, and so it was not discrimination on the grounds of religion or belief. 

However, as the nursery had questioned her about her plans for marriage and children, this tended to show that the employee’s plans to have children outside of marriage was a significant influuence in the decision to dismiss and so the teacher’s claim for sex discrimination was upheld. 

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