Chondol v Liverpool City Council: EAT 11 Feb 2009

EAT RELIGION OR BELIEF DISCRIMINATION
Social worker dismissed on charges which included inappropriate promotion of his religious beliefs and arranging a visit to his home by a service user in a manner which blurred the distinction between client and friend. Claims for unfair dismissal and religious discrimination.
Tribunal found that evidence did not justify any finding of inappropriate promotion of religious beliefs but that dismissal justified on other charge – Dismissal did not constitute religious discrimination because it was on grounds of inappropriate proselytisation rather than of Appellant’s religion as such.
Held:
(1) Tribunal entitled to find dismissal fair on basis of only part of the employer’s reasoning; and conclusion on fairness not perverse.
(2) Tribunal entitled to dismiss discrimination claim on the basis that it did – No error in identification of comparator: Shamoon and Ladele relied on.

Citations:

[2009] UKEAT 0298 – 08 – 1102

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedLondon Borough of Lewisham v Malcolm HL 25-Jun-2008
Unrelated Detriment was no Discrimination
The tenant had left his flat and sublet it so as to allow the landlord authority an apparently unanswerable claim for possession. The authority appealed a finding that they had to take into account the fact that the tenant was disabled and make . .

Cited by:

CitedMcFarlane v Relate Avon Ltd EAT 30-Nov-2009
EAT RELIGION OR BELIEF DISCRIMINATION
UNFAIR DISMISSAL – Reason for dismissal
Christian counsellor dismissed by Relate for failing to give an unequivocal commitment to counsel same-sex couples.
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 12 July 2022; Ref: scu.304520