May a faith-based nursery school sack a teacher for cohabitation? De Groen

And here’s one we should have noted earlier…

Background

In Ms Z De Groen v Gan Menachem Hendon Ltd [2017] UKET 3347281/2016, the claimant was employed by the respondent, a private Orthodox Jewish nursery school that followed the teachings of the Lubavitcher Rebbe [22]. Part of the ethos of the nursery is to instil in its children the principles and practices of ultra-Orthodox Judaism:

“Both handbooks for teachers and parents and a job description mention the religious nature of the nursery in various places. However, none sets out that all staff must adhere to the beliefs and practices of the ultra-Orthodox community with which the nursery is most closely associated. Indeed, the respondent was at pains to point out that it was open to employing a non-Jew as a teacher provided that they had a sufficient knowledge of the principles of Judaism and adhered to key aspects of its fundamental principles (such as its dress code)” [24]. Continue reading