Tribunal backs worker sacked over anti-gay views - Palmers Solicitors
Twitter X

Tribunal backs worker sacked over anti-gay views

A Christian childcare worker has won an employment tribunal ruling that she was discriminated against because of her views about homosexuality.

The decision, issued on 4 June, followed the sacking of Sarah Mbuyi by Newpark Childcare in London, where she had worked since April 2013, in January 2014.

Managers took the decision to dismiss her following a disciplinary meeting which included discussion of a conversation she had had with a co-worker, who was in a civil partnership with another woman.

The co-worker reported that Ms Mbuyi had told her homosexuality was a sin. She quoted Ms Mbuyi as saying: “Some people lie, there are lots of sins we all do but don’t worry, God still loves you and forgives you.”

The woman said that up until that point, she had not felt her sexuality was an issue in any way and she was “taken aback” by the comments, which she reported to her managers.

During the disciplinary hearing, Ms Mbuyi said she had told her co-worker: “God is not okay with what you do”, adding: “If God is against her God is against me as well because we are all sinners.” She also told the hearing: “I believe homosexuality is a sin and God doesn’t like that.”

The directors of the company took expert advice, which highlighted difficulty where two protected characteristics under anti-discrimination law – in this case sexual orientation and religious belief – potentially came into conflict, but decided that Ms Mbuyi had committed gross misconduct and should be instantly dismissed. Their dismissal letter to her cited her “harassment” of her colleague and “lack of remorse” for her discriminatory conduct.

The tribunal said Ms Mbuyi’s employers were not anti-Christian but had dismissed her for allegedly targeting her co-worker because she was a lesbian, although they had little or no evidence to support that view at the time of dismissal.

The ruling said the case arose from Ms Mbuyi’s “genuinely held” belief that homosexuality was a sin, which it described as “not incompatible with human dignity and…not in conflict with the fundamental rights of others”.

It found that Newpark Childcare had applied a provision, criteria or practice (PCP) of a ban on employees expressing negative views on homosexuality or describing it as a “sin”, adding: “Common sense, the case law and our experience demonstrate that such a PCP would have a disparate impact on Christians, holding similar views to those of the claimant on the Biblical teachings on practising homosexuality.

“That is not merely because a significantly higher proportion of Christians would hold such views but also because many evangelical Christians feel their faith compels them to share it.”

It also quoted a previous tribunal ruling, which said: “An individual may choose to make generally known in the workplace certain aspects of his or her private life. If that information is discussed in the course of conversation, even in idle gossip, provided at least there was no ill intent, that would not make the disclosure of that information an act of discrimination.”

The tribunal said it was a case of direct discrimination and that due to the way Ms Mbuyi’s employers had handled the matter, dismissal was not a proportionate reaction.

Palmers’ Employment Law specialist Lara Murray said: “This case highlights how potentially complex discrimination cases can be, particularly where two or more protected characteristics, against which it is illegal to discriminate, coincide.

“Employees who feel they may have been discriminated against by an employer can often feel confused about what action to take or reluctant to raise the issue, but having an expert legal view of their situation is the best way to make informed decisions about the best way forward.”

If you would like advice on an employment law issue, Palmers offers cost-effective, fixed fee interviews to help clarify the circumstances and the strength of a case. Many household or car insurance policies also contain cover for employment law issues and Palmers can also carry out work under these. For more information, please contact the Employment Law team.