The EAT has recently upheld the dismissal of a social worker for the inappropriate promotion of his religious beliefs, and did not accept that the dismissal amounted to discrimination on the grounds of religion or belief.
Steeles Law Head of Employment, Oliver Brabbins and Trainee Employment Solicitor, Matthew Downing comment.
Mr Chondol was employed as a social worker by Liverpool City Council. The Council specifically prohibited the inappropriate promotion of any religious beliefs by social workers while undertaking their duties.
Mr Chondol, a committed Christian, was dismissed for gross misconduct after it was alleged he had promoted Christianity to a number of service users. This included giving a bible to a service user and asking another whether they believed in God. His manager had expressed concerns that Mr Chondal did not recognise the need for professional boundaries.
Following his dismissal, Mr Chondol brought an Employment Tribunal claim arguing that he had been discriminated against on the basis of his religion and unfairly dismissed. The Tribunal rejected his claims. The Council had dismissed Mr Chondol as a result of him inappropriately promoting Christianity to their service users and not because of his religious beliefs. The Tribunal was satisfied that the Council would have taken the same action regardless of what religious belief was being promoted.
On appeal, the Employment Appeal Tribunal (EAT) upheld the decision of the Tribunal on the basis there was a clear distinction between an employee’s religious belief and inappropriately promoting those religious beliefs. The EAT was satisfied in this case that it was the promotion of the religious beliefs that was the true reason for the dismissal.
Comment
It will clearly not always be appropriate for an employer to take disciplinary action against an individual who promotes his religious beliefs at work. Significant in this case was the nature of the employee’s job and the fact he came into contact with vulnerable people. Employers should therefore remain wary of dismissing an employee in similar circumstances.
If you require advice on the issues raised in this article or on employment law in general please contact Oliver Brabbins or another member of the employment team on
noremp@steeleslaw.co.uk
or 01603 598000.
To read the judgment in full click here.