Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

MoJA Christian worker has failed in her attempt to sue her former employer in a tribunal for religious belief harassment.

M, a care home nurse who is Christian, brought a claim for religious belief harassment and unfair dismissal (among other claims) against her former employer, P Care Home Limited, and former colleagues after she alleged that she had been harassed by her former co-workers and unfairly dismissed from her job.

The Employment Tribunal heard evidence from M (whose name has not been revealed for legal reasons) that her line manager had continuously used swear words in the workplace that had a racial overtone, such as saying “oh my fucking God” and “Jesus fucking Christ”. M stated that she had not complained about her manager swearing at the time for fear of ‘rocking the boat’ but had in fact found the swearing offensive.

M’s former manager admitted swearing with racial overtones but denied that the swearing had been directed at M, nor that the swearing was intended to offend M. She stated – and was supported by other evidence – that she had used such swear-words when M was not in attendance. Further, M’s manager denied that stating that “prayers don’t work for me” was intended to be personally offensive to M but simply a statement that she did not believe in the power of prayer.

Although the Employment Tribunal found in M’s favour in her claim for unfair dismissal (and awarded her £18,417 in compensation for loss of earnings), it rejected her claims for unlawful harassment because of religious belief. The Employment Tribunal found that the manager had sworn with racial overtones and that this constituted unwanted conduct. However, the Tribunal also found that this swearing could not reasonably have been perceived by M to have created an offensive environment for her, nor that the remarks related specifically to M’s religion – they were commonly-used, albeit blasphemous, swear words and were not intended to be abusive towards religion generally or any religion in particular.

Chris Hadrill, a specialist employment solicitor at Redmans, commented on the case: “If employees are particularly offended by any of the conduct of their colleagues then they should use the established grievance procedure to complain about this – if there is no grievance procedure then they should simply write to a relevant person to set out what their complaints are. A failure to do so can be the difference between winning and losing an Employment Tribunal case.”

About

Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees Call 020 3397 3603 to speak to one of the members of our employment team or email us on enquiries@redmans.co.uk. Redmans have offices in Richmond, Chiswick, Hammersmith, Fulham, Kingston, Wimbledon, Ealing, Kings Cross and Marylebone (meetings strictly by appointment only).

Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Share →

Our awards

Request a callback

Your first name (required)

Your last name (required)

Your email (required)

Your telephone number (required)

Brief details of your enquiry

Contact us

Please feel free to discuss your own position and concerns. Contact your nearest office on:

T: 020 3397 3603
E: enquiries@redmans.co.uk
W: www.redmans.co.uk

Testimonials

4.76 Average

197 Reviews

Rosa B

Fabulous service all round.

Posted 3 days ago

Anonymous

Redmans were quick to respond to my enquiry and dealt with my case professionally and personably. I received sound advice and was put at ease by Chris Hadrill, Partner.

Posted 3 days ago

Alkhas K

Excellent service.

Posted 1 week ago

Mathias G

Contacted them regarding my end of employment agreement. Chris Hadrill dealt with it and was done and handed back to employer same day more than happy with there service.

Posted 1 month ago

Mark W

Most professional from start to finish offering very a personal service. Most impressive and quick when dealing with the matters in hand.

Posted 1 month ago

Anonymous

Posted 1 month ago

submit

I am very glad I came across Redmans Solicitors. Fantastic service!

Posted 1 month ago

Anonymous

Fantastic communication, always happy to answer queries, highly recommended.

Posted 1 month ago

Wavenie B

They were very straight to the point, friendly and understanding people. I felt they had my best interest. They were easy to get hold of, replies were almost instant. 5/5 for customer service

Posted 2 months ago

Christina P

Caroline was fantastic to work with - extremely knowledgeable, supportive, thorough and honest. I definitely recommend Redmans!

Posted 2 months ago

Anonymous

Very well done and fast support. Professional and reliable. Highly recommended!

Posted 2 months ago

Helene L

They were very knowledgable in the respected area in terms of change in law/regulations that is crucial for the clients who are seeking for legal arvice.

Posted 2 months ago

Sara R

Very helpful and wonderful advice

Posted 2 months ago

Marie D

very good service all digitalised

Posted 2 months ago

Philip H

Chris Hadrill handled my case with great accuracy and efficiency. Basically made it feel like a process without hassle. Doesn't try to expand the case just for greater fees. I value his professional advice highly.

Posted 2 months ago

Michael W

Professional, responsive and supportive - excellent service!

Posted 2 months ago

Anonymous

I was really happy with the service provided. I had to chase a couple of time but despite that, my matter was dealt with in a timely manor. I would use again in the future

Posted 2 months ago

Lee M

Superb service and always available

Posted 2 months ago

Jonathan S

I was very grateful for the support I received from Redmans during a very difficult period. Rana Tandon really got under the skin of my issue and understood what was important to me, steering me carefully and sensibly to an outcome I was very happy with. I would recommend Redmans to anyone else without any reservations whatsoever.

Posted 2 months ago

Mohamed A

Super helpful and efficient, trustworthy service

Posted 2 months ago

Anonymous

efficient, responsive and effective

Posted 2 months ago