Search

How can we help?

Icon

Teacher’s dismissal following husband’s criminal conviction held to be indirect religious discrimination

In the case of Pendleton v Derbyshire v County Council, a teacher who was dismissed for remaining with her husband following his conviction of voyeurism and making of indecent images of children successfully appealed a tribunal’s decision to reject her claim for indirect religious discrimination. 

Mrs Pendleton was dismissed from her teaching post after she chose to remain with her husband following his conviction.  The decision was taken despite her unblemished disciplinary record and in the absence of any suggestion that she knew about her husband’s activities before his arrest.  Aggrieved, Mrs Pendleton brought claims for unfair dismissal, wrongful dismissal and indirect religious discrimination.

In its defence, the School sought to argue that Mrs Pendleton had been dismissed because of her conduct or some other substantial reason.  However, the tribunal held that the real reason was the School’s view that she had exercised poor judgment in standing by her husband notwithstanding the fact that he was a convicted sex offender.  Therefore, her claims of unfair and wrongful dismissal succeeded.

The decision was taken despite her unblemished disciplinary record and in the absence of any suggestion that she knew about her husband’s activities before his arrest.

In bringing her claim of indirect religious discrimination, Mrs Pendleton, a practising Anglican Christian, argued that her marriage vow was sacrosanct, having been made to God and was an expression of her religious faith.  The tribunal accepted that this qualified as a religious belief under the Equality Act 2010 and that the School had applied a provision, criterion or practice (i.e. a policy of dismissing those who chose not to end a relationship with a person convicted of making indecent images of children and voyeurism).  However, it held that Mrs Pendleton had not been able to establish a particular group disadvantage (which is an important requirement of the test of indirect discrimination) as it considered that she would have been dismissed regardless of whether she held a belief in the sanctity of her marriage vows.  Therefore, her claim failed.

Mrs Pendleton successfully appealed the tribunal’s decision.  The Employment Appeal Tribunal (EAT) held that the tribunal had taken the wrong approach to the group comparison exercise because it failed to ask the right question.  It found that the tribunal had focused on the disadvantage of the dismissal and did not ask whether the election itself (namely the choice of remaining with your husband or your career) might have given rise to a particular disadvantage, all other things being equal, for those with a religious belief in the sanctity of marriage vows.  The EAT held that those sharing Mrs Pendleton’s religious belief would have an additional burden/particular disadvantage and her claim of indirect religious discrimination was therefore upheld.

Whilst unusual on its facts, the case serves as a reminder of the need to be able to show a group disadvantage in indirect discrimination claims.

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

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.