A victory for religion?
Written by Michael Coyle on 13 June 2015« Return to Reading Room
It was suggested in the press as a victory for Christian workers, but this is wrong. I suspect the decision had more to do with the employer's failure to adhere to the disciplinary procedure rather than a victory for any form of religious persecution.
The tribunal noted, "the law would fall into disrepute if an individual could ask a question, knowing the likely response and, in receiving it, however genuinely upset, claim it was unwanted contact and, hence harassment." However, this may be too simplistic an approach in determining whether harassment has occurred: surely an employee does not have free reign to say whatever they like, however offensive, simply because it is said in answer to a question.
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