Discrimination on grounds of religion: whether employee could be harassed for someone else’s religious beliefs

In Saini v Saints Haque Centre, Bungay and Paul UKEAT/0227/08, the EAT decided that the tribunal had erred in dismissing an employee’s claim for harassment on grounds of religion or belief where the employee was harassed on grounds of another’s religion or belief. The tribunal had not appreciated that the wording of the Employment Equality (Religion or Belief) Regulations 2003 was wide enough to protect employees who are harassed because of someone else’s religion or belief and had not considered the effect of relevant authorities on “associative discrimination”.

PLC Magazine 31.10.08

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