UNFAIR DISMISSAL
MARRIAGE AND CIVIL PARTNERSHIP
The vicar of an evangelical Christian church, who was dismissed in August 2016, alleged that his dismissal was because of the breakdown of his marriage and that his dismissal amounted to marriage discrimination and was unfair. The Employment Tribunal found, on the evidence, that the reason for dismissal was a loss of trust and confidence in him. Although the breakdown of his marriage had contributed to the loss of trust and confidence, it was part of the background or context rather than part of the reason for dismissal: The Respondent’s concern, insofar as it related to marital breakdown, was with his behaviour in the context of that breakdown rather than a moral or religious belief that a minister whose marriage breaks down cannot continue to serve. The marriage discrimination claim therefore failed. His dismissal was also fair.
Held: although the Claimant’s discrimination claim might have succeeded if the decision to dismiss him had been significantly influenced by a belief that a minister cannot continue to serve if their marriage breaks down, or if they would not have been dismissed in the same circumstances had they not been married, the Employment Tribunal had been entitled to find as a fact that this was not what had happened. As a matter law, therefore, this was not a case of marriage discrimination. The appeal against the finding that the dismissal was fair was premised on there being an error of law in relation to the discrimination claim and it therefore also failed.
Citations:
[2020] UKEAT 0002 – 20 – 0506
Links:
Jurisdiction:
England and Wales
Employment
Updated: 06 December 2022; Ref: scu.651613
