Latest in Employment Law>Case Law>McAteer v South Tipperary County Council (2014)
McAteer v South Tipperary County Council (2014)
Published on: 25/11/2015
Issues Covered: Discipline Discrimination
Article Authors The main content of this article was provided by the following authors.
Anna Broderick
Anna Broderick
Background

In McAteer v South Tipperary County Council (2014), the employee was an Evangelical Christian. He often spoke about his faith with his co-workers and complaints were raised. He was asked to desist from sharing his faith during the course of the working day, including during his break. The employee undertook to desist but failed to do so and was ultimately called to a disciplinary meeting and received a written warning. After further faith sharing incidents with members of the public, he respectively received a final written warning, suspension and dismissal.

The Equality Officer (“EO”) found that the manifestation of religious beliefs is covered by the Employment Equality Acts. The EO also confirmed that staff were asked to monitor the employee and his interactions and this amounted to less favourable treatment based on religion. The EO was also satisfied that the ban on faith sharing disproportionately impacted on persons of the Evangelical Christian faith and this was not objectively justified, particularly because there was no evidence of how the Council was brought into disrepute. The employee was awarded €70,000.

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 25/11/2015