Smyth v Croft Inns Ltd: 1996

A barman in a public house with Protestant customers in a ‘loyalist’ area of Belfast was constructively dismissed because he was a Roman Catholic.
Held: That was discrimination ‘on the ground of religious belief’ within the section. The employer’s conduct did not cease to be discrimination on that ground because the employer would have treated in the same way a Protestant barman in a public house with Roman Catholic customers. That showed only that the employer would be guilty of religious discrimination against both barmen.

Judges:

Sir Brian Hutton LCJ

Citations:

[1996] IRLR 84

Statutes:

Fair Employment (Northern Ireland) Act 1976 16

Jurisdiction:

Northern Ireland

Cited by:

CitedMacDonald v Advocate General for Scotland (Scotland); Pearce v Governing Body of Mayfield School HL 19-Jun-2003
Three appeals raised issues about the way in which sex discrimination laws were to be applied for cases involving sexual orientation.
Held: The court should start by asking what gave rise to the act complained of. In this case it was the . .
CitedChief Inspector of Education, Children’s Services and Skills v The Interim Executive Board of Al-Hijrah School CA 13-Oct-2017
Single Sex Schooling failed to prepare for life
The Chief Inspector appealed from a decision that it was discriminatory under the 2010 Act to educate girls and boys in the same school but under a system providing effective complete separation of the sexes.
Held: The action was . .
Lists of cited by and citing cases may be incomplete.

Discrimination, Employment

Updated: 08 May 2022; Ref: scu.183867