Moon Beever Logo

8-06-2015

A Christian nursery nurse who was sacked after airing her views on homosexuality and marriage in answer to a question from a homosexual colleague has won a discrimination claim against her former employer.

The Employment Tribunal found that:

  • Miss Mbuyi’s colleague had clearly indicated that she had first expressly brought up her sexuality in conversation with Sarah
  • She was the first to raise the issue of Miss Mbuyi’s church
  • She asked if she would be welcome in that church, and
  • She asked what Miss Mbuyi believed God thought about her living arrangements
  • She acknowledged that she took the conversation into the arena of homosexuality, not Miss Mbuyi
  • There is little or no evidence to suggest that Miss Mbuyi targeted her colleague in an attempt to force her faith on her
  • The employer’s lawyer sought to characterise Miss Mbuyi’s Christian beliefs as discriminatory, homophobic or akin to racism, which the Tribunal described as “unhelpful”
  • The employer did not treat Miss Mbuyi fairly and there were concerns about the way that the investigation had been carried out, particularly the questions asked during Miss Mbuyi’s disciplinary hearing
  • This was a case of ‘direct discrimination’, and finally
  • Given all the evidence it was not proportionate to dismiss Miss Mbuyi

Full details are available here

 

This is intended for general information only and should not be considered as giving advice in relation to any individual case nor be taken as applying to any particular case. No liability is accepted for any such use of the information contained.

TESTIMONIALS

Standout firm known for its personal insolvency work for clients including private companies, individuals and governmental institutions. Frequently acts for insolvency practitioners, assisting with the realisation of assets, both in the UK and abroad.

Chambers and Partners

Contact Us

Our office locations can be found here and individual staff profiles here together with full address and contact details. 

For non-urgent enquiries by email, please complete the contact form below and we will respond as soon as possible.

logo-alep-min-min
logo-legal500-min-min
cq-logo-min
logo-rescue-awards-min-min
logo-lexcel-min-min
logo-chambers-and-partners-min-min
stonewall-min
wiq-logo-min