Is it discrimination to dismiss an unmarried employee who cohabits with their boyfriend if your religion and/or belief prohibit it?

A summary of the decision in the Employment Appeal Tribunal discrimination case of

Gan Menachem Hendon Limited v De Groen

In this episode of the podcast I cover the recent case of the Jewish nursery who dismissed an employee who refused to lie about cohabiting with her boyfriend. A case that follows the decision of the Supreme Court in the ‘Gay Cake’ case, reported previously in episode 109 of the podcast. 

In this episode I will cover:

  • The basis in law for the claim.
  • The facts of the case.
  • A summary of the Appeal Tribunal decision.
  • My thoughts on the case and why this judgement was the outcome.
  • Comparison to the Gay Cake case.

Action Points

  1. Ensure that you and any managers, supervisors and decision makers in your business are aware of the law regarding discrimination;
  2. Get some specific training for staff in Equality & Diversity and update regularly;
  3. Check any policies and procedures that you have in your business to ensure they are compliant with your obligations under the Equality Act;
  4. Seek advice before making any decisions or embarking on potentially controversial conversations with employees, particularly if not work related.

We offer training on Equality and Diversity for staff and we can review your contracts, procedures and Handbooks for you so please do get in touch if we can be of any assistance.

Useful Links

Gan Menachem Hendon Limited v De Groen – Employment Appeal Tribunal

Lee v Ashers Baking Company Limited – Supreme Court Judgement 

Podcast Episode 109

 

 

Please do leave any comments or observations you have on this case below. Please ensure that any comments are respectful to all views and opinions.

 

As part of our HR Harbour annual subscription service for employers we provide guidance and training on the Equality Act 2010. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion – [email protected] or you can find full details here: HR Harbour

 

Don’t forget you can contact us by email [email protected] or [email protected] or by telephone 01983 897003, 01722 653001 or 023 8098 2006

 

Photo by Søren Astrup Jørgensen on Unsplash


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The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

 

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