Discrimination on the Grounds of Religion or Belief

If an employee receives less favourable treatment due to their belief, or manifestation of that belief, it is generally considered discrimination. The only exception to this is if that treatment is received due to a serious negative impact on the business that occurs due to the employee expressing their belief.

For example, in the case of Omooba v Michael Garrett Associates Ltd, the claimant was a musical theatre actor who was cast to play the role of Cecile in the musical play The Color Purple. This is a play that tells the story of two women in a romantic relationship, and the character of Cecile is considered a notable lesbian role.

After Omooba was cast, social media posts were found by LGBTQ+ groups that expressed that Omooba was a Christian and held negative views regarding homosexuality. When questioned about these beliefs, Omooba confirmed that she still stood by them. As these views were considered antithetical to the values expressed in the play, the LFBTQ+ groups threatened to boycott the production if Omooba would still be in it.

In the view of Michael Garrett Associates Ltd, the claimant's continued association with the production would cause significant reputational damage to them, and they dismissed her on this basis.

At the tribunal, Omooba argued that this was discrimination on the grounds of religion or belief. The Employment Tribunal agreed that it was fair and appropriate for Omooba to be dismissed. This was because she was not dismissed for holding this belief, but rather for the negative business impact of her expressing her belief online.

For further HR advice or guidance in relation to the topic above, get in touch with the Lansbury HR Consultants. We are here to support businesses nationally and locally in Burton-on-Trent, Swadlincote, and Derby.