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

art
  • 15 September 2025
  • Immigration

Sharp rise in Sponsor Licence Revocations – What employers need to know

The Home Office has reported a record number of sponsor licence revocations over the past year, as part of its intensified efforts to crack down on abuse of the UK’s immigration system.

art
  • 10 September 2025
  • Commercial Real Estate

Trouble at the Table: The Challenges Facing the UK Hospitality Sector in the run up to Christmas 2025

The UK hospitality sector, long celebrated for its vibrancy and resilience, is facing a perfect storm of economic, operational, and structural challenges in 2025.

art
  • 09 September 2025
  • Commercial Real Estate

Le bail commercial anglais: quelques points essentiels à considérer

Typiquement, les baux commerciaux en Angleterre sont de court terme, d’une durée de 5 ou 10 ans, avec un loyer de marché et des ajustements du loyer périodiques en fonction de l’inflation ou d’autres facteurs. 

art
  • 09 September 2025
  • Corporate and M&A

The Failure to Prevent Fraud Offence – be prepared to avoid criminal liability

The failure to prevent fraud offence is a new corporate offence which has come into force on 1 September 2025.

art
  • 08 September 2025
  • Employment

Can employers still make changes to contracts after the Employment Rights Bill?

The short answer is yes but it will be much more difficult for employers following the introduction of the Employment Rights Bill because their ability to fairly dismiss employees who do not agree contractual changes is being restricted. 

art
  • 05 September 2025
  • Privacy and Data Protection

When Ignoring a DSAR Becomes a Criminal Offence

On 3 September 2025, Mr Jason Blake appeared at Beverley Magistrates Court and was fined for failing to respond to a data subject access request (DSAR).