Religion and the genuine occupational requirement: Schüth again

Hard on the heels of the CJEU Grand Chamber judgment in JQ v IR [2018] EUECJ C-68/17 – which we noted here – comes a domestic German ruling on dismissal for breach of Roman Catholic moral teaching.

Readers with long memories will no doubt recall the judgment in Schüth v Germany [2010] ECHR (No. 1620/03), in which Mr Schüth, the parish organist at a Roman Catholic church in Essen, had been dismissed after he separated from his wife and went to live with a new partner with whom he had a child. The ECtHR held that his treatment had been a violation of Article 8 ECHR (respect for private and family life).

Mr Schüth was recently back in court again. Continue reading