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22 March 2019 / Charles Pigott
Issue: 7833 / Categories: Features , Employment , Discrimination
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Keeping the faith

Charles Pigott reports on defining the limits of religious discrimination

  • The recent decision from the Employment Appeal Tribunal involving a worker at a Jewish nursery addresses some difficult issues about the scope the of Equality Act’s protection against discrimination because of religion or belief.

In Gan Menachem Hendon Ltd v De Groen UKEAT/0059/18 the EAT was asked to decide an appeal arising from the dismissal of Zelda de Groen from her job as a teacher at the Gan Menachem Kindergarten.

Dispute

The dispute revolved around a meeting between Ms De Groen and two female members of the Kindergarten’s management, convened to discuss reports that she was living with her boyfriend. This had become known to a number of the parents and was considered to be incompatible with the kindergarten’s ethos, given that it was affiliated with the Chabad Lubavitch Hasidic movement, which espouses strict orthodox Jewish values.

Ms De Groen appears to have had, at least at that time, what could be regarded as a troubled relationship with Orthodox

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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