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John Bowers QC successfully represents Orthodox Jewish nursery at EAT in religious discrimination claim

The Appeal Tribunal allowed the Appellant’s appeal against the Tribunal’s decision that there had been direct discrimination against the Respondent on grounds of religion or belief. This was based on the conclusion reached by the Supreme Court in the gay cakes case – Lee v Ashers Baking Co Limited [2018] 3 WLR 1294. An employer discriminated against its employees because of its own religion or belief (here in charedi Judaism) – Lee v Ashers Baking Co Limited [2018] 3 WLR 1294 applied. There was no sufficient evidential basis for any conclusion that the Appellant discriminated against the Respondent because of her religion or belief.

The Appeal Tribunal allowed an appeal against the Employment Tribunal’s conclusion that there had been indirect discrimination on grounds of religion or belief. There was no sufficient evidence to support the Tribunal’s conclusion that the Appellant had applied any provision criterion or practice to the Respondent – Nottingham City Transport Limited v Harvey (UKEAT/032/12). Further, if the provision criterion or practice identified by the Employment Tribunal were applied, there was no comparative disadvantage – see section 19(2)(b), Equality Act 2010.

CLICK HERE for the judgment

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