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22 May 2008
Issue: 7322 / Categories: Legal News , Public , Discrimination , Employment
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Victory for non-Christians in religious discrimination case

News

A Christian charity acted illegally when it began recruiting only practising Christians for most posts and told existing non-Christian staff they were no longer eligible for promotion, an employment tribunal has ruled.

Mark Sheridan, who worked for Prospects—a charity for people with learning disabilities— for eight years, successfully claimed constructive dismissal before the Abergele tribunal after he quit his job in protest against the charity’s 2004 change in recruitment policy.

Hanne Stinson, chief executive of the British Humanist Association, says faith-based organisations will have to be much more stringent when they wish to discriminate on grounds of religion or belief in employment. He says that since the Employment Equality (Religion or Belief) Regulations 2003 came into force, religious organisations are discriminating more in their employment practices. “The judgment makes clear that a court will make an objective assessment of what a ‘religious ethos’ is, and states that it is not for the religious organisation itself to define its ethos, where this does not accord with reality on the ground,” he adds.

Sheridan’s barrister, James Boddy, from 11 King’s Bench Walk Chambers, says: “This is the first time an employment tribunal has been called on to decide the extent to which an organisation with a religious ethos is allowed to discriminate on grounds of religion or belief.”

Issue: 7322 / Categories: Legal News , Public , Discrimination , Employment
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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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