Christian nursery worker who 'told gay colleague lesbianism was a sin' wins discrimination case

 
Row: Newpark Childcare, based at Newpark Nursery in Shepherd's Bush (Picture: Google StreetView)
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Ramzy Alwakeel7 July 2015

A nursery worker in west London who was sacked for allegedly telling a lesbian colleague her lifestyle was sinful has won a discrimination case against her former employer.

Newpark Childcare in Shepherds Bush sacked Sarah Mbuyi, 31, for gross misconduct after the incident, The Sunday Times reported - but Ms Mbuyi claimed bosses had breached European law on religious freedom, and took them to an employment tribunal.

Miss Mbuyi, of Tottenham, said she had not harassed her colleague, adding she had been answering a direct question when she made the comment, according to the paper.

The Christian Legal Centre (CLC), which represented Miss Mbuyi, said the tribunal had found she was directly discriminated against because of her belief homosexuality was contrary to the Bible.

The centre represented the Core Issues Trust in its legal fight to display anti-LGBT posters on London buses two years ago - a battle it lost.

While Newpark Childcare was "not anti-Christian", it said, Miss Mbuyi was treated unfairly and the decision to sack her might have been made on "stereotypical assumptions".

Her belief was described by the tribunal as "worthy of respect in a democratic society".

There was little or no evidence to suggest the nursery worker had targeted her colleague or tried to force her faith on her, the paper said.

It claimed the internal investigation by the employer was hampered by a "stereotypical assumption about evangelical Christians".

Andrea Minichiello Williams, barrister and chief executive of the CLC, said: "This is a brave judgment and comes as a great relief to Miss Mbuyi and to all of us at the Christian Legal Centre.

"This judgment is a 'common sense' judgment which shows understanding of the Christian faith and Miss Mbuyi's freedom to live and speak it out in the work place."

But Tiffany Clutterbuck, a director of Newpark Childcare, told the paper the ruling was disappointing.

"We have robust policies and rules to ensure our nursery is inclusive and supportive for our children and staff," she said, "and we took the decision to dismiss Miss Mbuyi with a view to protecting that culture.

"However, the tribunal found Miss Mbuyi's actions were not harassment of a gay colleague and that she was entitled to express her religious beliefs in the workplace in the context of the conversation which took place.

"Our priority will always be to provide an environment where every child feels like he or she belongs."

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