A distinction is made between treatment on the grounds of a person's beliefs and on the grounds of the manifestation of those beliefs

Power v. Greater Manchester Police Authority [2010] UKEAT 0087_10_0810

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23/12/2010

  • There is a distinction between treatment on the grounds of a person's beliefs and on the grounds of the manifestation of those beliefs (Ladele applied).
  • The dismissal of the Claimant was due partly to his manifestation of spiritualist beliefs and not the fact of his beliefs. This was legitimate.

HHJ PETER CLARK in Power v. Greater Manchester Police Authority [2010]has upheld the employment tribunal decision dismissing the claimant's complaint of unlawful discrimination by the Greater Manchester Police Authority contrary to the Equality (Religion or Belief) Regulations 2003.

This is in line with previous EAT decisions such as Islington London Borough Council v Ladele [2009] ICR 387 EAT, Chondol v Liverpool City Council UKEAT 0298/08/JOJ and McFarlane v Relate [2010] ICR 507.

When considering the reverse burden of proof (Court of Appeal Igen v Wong [2005] ICL 931) the employment tribunal had accepted that the claimant had passed the stage 1 hurdle owing to the respondent's dismissal letter. But in stage 2 the tribunal had then accepted that the reason why the claimant was dismissed was not because of the protected beliefs but because of his previous conduct as a volunteer and use on police premises of material related to his beliefs but not police business. This was an unacceptable way of expressing his beliefs.

The "reason why question" (Shamoon v Chief Constable of the Royal Ulster Constabulary [2003] ICL 337) was quoted whereby a Tribunal may draw a distinction between unlawful treatment complained of on the ground of religion and lawful treatment as a result of improper foisting of personal beliefs on others.

On appeal although the EAT ruled that the Claimant's spiritualist beliefs were protected by the 2003 Regulations. Rather than being dismissed on grounds of his beliefs the claimant had been (in part) dismissed for the unacceptable expression of those beliefs.

Transcript of the judgement:-   Power v. Greater Manchester Police Authority [2010] UKEAT 0087_10_0810





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2010
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2009
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In cases of discriminatory dismissal tribunals may reduce compensation if the worker would in any event have been dismissed - Chagger v Abbey National Plc & Anor [2009] EWCA Civ 1202
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