Christian who tried to convert Muslim loses discrimination claim

A Christian who was disciplined for trying to impose her religious views on a junior Muslim colleague has lost her claim of unlawful discrimination and harassment.

The case involved Victoria Wasteney, a born again Christian, who held a senior post with the East London NHS Foundation Trust.

In 2013, a junior employee who was a practising Muslim complained that Ms Wasteney had tried to impose her religious views on her by inviting her to attend church services, praying with her and, on one occasion, laying hands on her.

She also said that Ms Wasteney had given her a book about a Muslim woman who had converted to Christianity. She said that she felt "groomed" and had started to feel ill as a result.

Ms Wasteney said that all her conversations with the junior employee had been consensual and arose from her own expressions of interest. But an NHS panel found her guilty of serious misconduct and gave her a written warning.

The Employment Tribunal upheld the findings of the disciplinary panel. It said that Ms Wasteney had blurred professional boundaries and placed improper pressure on a junior employee.

The Employment Appeal Tribunal has now upheld that decision. It held that Ms Wasteney had not been subjected to disciplinary proceedings because she manifested her religious belief, but because she had subjected a subordinate to unwanted and unwelcome conduct which went substantially beyond "religious discussion".

For more information about this article or any aspect of our employment services, please call Jeremy Garson on 020 8907 2000 or click here to email him and he will be delighted to help you (there is no charge for an initial telephone discussion).

Case featured:

Christian who tried to convert Muslim loses discrimination claim

WASTENEY v EAST LONDON NHS FOUNDATION TRUST (2016)
EAT (Judge Eady QC) 07/04/2016