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.
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