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Equality North East

Nursery that sacked teacher for living with boyfriend wins appeal against religious discrimination

But judge rules employee was victim of sex discrimination following meetings held to discuss the teacher’s marital status.

An Orthodox Jewish nursery in London that sacked a teacher after it learned she was living with her boyfriend has won its appeal against religious discrimination.

The Employment Appeal Tribunal (EAT) reversed a previous ruling that the dismissal of Zelda De Groen was discriminatory because it was unfair of the nursery to expect everyone of its religion to follow orthodox practice.

The EAT ruled that while an employer was not allowed to act disfavourably to an employee based on that individual’s religious belief, it was permitted to do so based on its own belief so long as it acted consistently. This was precedented by last year’s high-profile case in which the Supreme Court ruled a bakery was allowed to refuse putting a pro-gay marriage slogan on a cake because it was not discriminating against an individual.

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April 15, 2019

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