Employment Tribunal Case Study: religious discrimination and less favourable treatment of part time worker

We acted for a client in defending a claim for discrimination because of religion and belief, and less favourable treatment of a part time (TTO) worker. The Claimant argued that a Special Leave Policy under which leave could be requested and granted for religious observances during term time indirectly discriminated against Christians and part time workers. The crux of the argument was that Christian religious holidays usually fall on a public holiday / school holidays and so, under the Special Leave Policy, non-Christians had the benefit of more paid leave than Christians. Following a three day hearing the employment tribunal found that this did not amount to discrimination because of religion or belief and dismissed the Claimant’s claim, recognising that (amongst other reasons) schools have a public sector equality duty, that under the Equality Act 2010 they must operate an inclusive environment for all staff irrespective of their religion or belief, and that it was objectively justified to operate the Special Leave Policy to allow non-Christian staff to observe their religious holidays without sacrificing pay.