Religious discrimination: Christian teacher’s dismissal for refusal to divorce sex offender

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The Employment Appeal Tribunal (EAT) has held that a Christian employee, dismissed for not divorcing her husband when he was convicted of sex offences, was subjected to indirect religious discrimination. Stephen Simpson rounds up tribunal cases reported in the past week. Dismissal for standing by marriage vows with sex offender was discrimination In Pendleton v Derbyshire County Council and another, the EAT held that the dismissal of a Christian employee because of her refusal to end her marriage with a convicted sex offender was indirect religious discrimination. Mrs Pendleton, a Christian, was a teacher. Her husband, a teacher at another school, was convicted of making indecent images of children and sentenced to 10 months in prison. It was accepted that Mrs Pendleton had no prior knowledge of, or involvement in, her husband's behaviour. Mrs Pendleton chose to stay with her husband. Her decision was based on her Christian belief in the sanctity of her marriage vows. She maintained that she had done nothing wrong, was a separate person to her husband, had an exemplary track record in safeguarding and did not present a risk. The school at which she worked summarily dismissed her on the basis that she had "chosen to maintain a relationship with [her] partner who has been convicted of making indecent images of children". The disciplinary panel stated that her decision had cast doubt on he