Search

How can we help?

Icon

Disciplining an employee for imposing her religious beliefs was not discriminatory

Religious discussion between employees in the workplace could cause a disciplinary action if it includes seeking to convince others of the benefits of a particular religion.

Employees often discuss various subjects not related to work in the workplace. For discussions around religious views employee’s should be made aware not to overstep the mark and become inappropriate, as an employer may be justified in imposing a disciplinary sanction.

The EAT has held in Wasteney v East London NHS Foundation Trust that a Christian senior manager was not discriminated against when she was subjected to disciplinary proceedings for imposing her religious views on a Muslim junior employee.

Ms Wasteney (W), of Christian faith, was employed in a senior capacity by the East London NHS Foundation Trust. A junior colleague (“EN”), of Muslim faith, complained that W had tried to impose her religious view on her; inviting her to church events on several occasions, praying for her during a 1:1 meeting, ‘laying hands’ on her and giving her a book about a Muslim woman converting to Christianity. A disciplinary process commenced and W was issued with a written warning.

W pursued claims in the Employment Tribunal (and later the Employment Appeal Tribunal), alleging that subjecting her to disciplinary proceedings amounted to discrimination and harassment in relation to her religion or belief.  She also claimed that ‘sharing her faith with a consenting colleague’ was a manifestation of her religious belief and thus her employer had breached of her right under Article 9 of the European Convention on Human Rights to manifest religious belief in the workplace.

 

 For discussions around religious views employee’s should be made aware not to overstep the mark and become inappropriate, as an employer may be justified in imposing a disciplinary sanction.

Her claims were dismissed.  Whilst religious acts formed part of the context to the disciplinary, the employer’s actions in disciplining W were on the basis that W had subjected a subordinate to unwanted and unwelcome conduct that amounted to far more than just religious discussion and had done so without regard to her own influential, senior position. EN had felt that she was being ‘groomed’ by W and made serious complaints.  W’s acts blurred professional boundaries and placed improper pressure on EN.    The Employment Appeal Tribunal commented that this approach must be right “otherwise an employer’s attempt to discipline an employee for the harassment of a co-worker related to (e.g.) the co-worker’s religion or belief could itself be characterised as harassment related to that protected characteristic.”

Religious discussion, which may include seeking to convince others of the benefits of a particular religion, may amount to a manifestation of religion or belief, however, this case makes clear that where an employee’s actions overstep the mark and become inappropriate, an employer may be justified in imposing a disciplinary sanction.  Employers going down the disciplinary route must ensure that a similar approach would have been taken if non-religious views had been advanced in the same manner.

Disclaimer

This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Author profile

Monica Atwal

Managing Partner

View profile

+44 118 960 4605

About this article

Read, listen and watch our latest insights

Pub
  • 08 January 2026
  • Privacy and Data Protection

Data Protection Audits: Launch Event

Join us for a breakfast networking session on Thursday 26th February 2026 as we officially launch our Data Protection Audit services.

art
  • 08 January 2026
  • Privacy and Data Protection

Data Protection – what’s happened in 2025?

2025 has been a lively year for the data protection sphere, with the main talking point coming from the UK’s data reform Bill finally receiving Royal Assent on 19 June 2025.

art
  • 06 January 2026
  • Commercial Real Estate

FAQ – Buying a commercial property in England and Wales

If you want to invest in the commercial property market in England and Wales (the two countries share the same jurisdiction), it is important to understand that the process differs significantly from buying a property in France.

art
  • 05 January 2026
  • Immigration

UK Immigration changes in 2025: What to expect in 2026

This wrap-up brings together the key developments from across the year, highlighting what has changed, what is still evolving, and what organisations should be planning for as we move into 2026.

art
  • 22 December 2025
  • Corporate and M&A

Corporate law in 2025 and looking forward to 2026

2025 has been a transformative year, with a massive paradigm shift from ‘deregulation’ to ‘transparency and accountability’ at Companies House.

Pub
  • 22 December 2025
  • Privacy and Data Protection

GDPR Packages

Our comprehensive GDPR Packages are designed to help organisations navigate the complexities of data protection and ensure compliance with regulatory requirements.