Conflict between relgious beliefs and acceptable behaviour

The claimant in Apelogun-Gabriels v London Borough of Lambeth (ET case 2301976/05) was an evangelical Christian who distributed material to work colleagues which contained biblical extracts including passages denouncing homosexuality. Circulation was wider than the membership of the prayer group whose activities were fostered by Lambeth’s provision of a prayer room available for use by Christians and others and a number of formal complaints were made. Following suspension and investigation, he was dismissed for gross misconduct and harassment in breaching the council’s equal opportunities policies.

Because of the source of the material he claimed that he was subject to direct discrimination on grounds of religion or belief. The tribunal decided that, notwithstanding its origins, the texts were hostile and offensive towards homosexuals and homophobic” and secondary claims of indirect discrimination were also rejected, the council’s general support for religious groups through providing a prayer facilities being noted. His claim of unfair dismissal was rejected too on the basis that employers have a positive duty to take steps to prevent harassment.

EFB comment:
This case provides a clear reminder that accommodating those with strongly held religious beliefs must be balanced by a broader view of the rights of other employees and the need to prevent harassment.