In Faraz v Core Education Trust, F was a Deputy Head Teacher. His faith is Muslim and he believes that gay marriage and gay practice are offensive to Allah. He was dismissed for gross misconduct for making homophobic comments on a WhatsApp group, i.e. (i) “These animals are going out full force. As teachers, we must be aware and counter their satanic ways of influencing young people”; and (ii) “I agree that the BBC will exploit any situation however the problem of homosexuality is rife in Pakistan in the village and the cities”, and “Sign of the end of times.” An ET rejected F’s direct religious discrimination and unfair dismissal claims. The ET found that the comments were not an assertion of religious sentiments and had nothing to do with a profound religious belief in the moral equivalents of gay relationships. They were far more than that. They were homophobic and offensive remarks that were made in a WhatsApp group to people who F did not know. F’s dismissal was not because of religious belief; it was for making homophobic and offensive remarks, which were wholly unacceptable for a teacher and especially one in a leadership position, and the dismissal was within the range of reasonable responses.
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This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.