Article 9 ECHR & promotion of religious views by employees: Kuteh – Law & Religion UK

‘ In Kuteh v Dartford and Gravesham NHS Trust [2019] EWCA Civ 818, the Claimant was a nursing sister employed by the Trust. She was a “committed Christian”; and in March and April 2016, staff in her department told her superiors that patients had been complaining that when they were being assessed by Mrs Kuteh she had been raising matters of religion and faith with them. One patient complained that she had been asked “what she thought Easter was about”, another that he had been asked what he thought being a Christian meant and a third, about to undergo major surgery for bowel cancer, that she had told him that if he prayed to God he would have a better chance of survival. In the end, she was dismissed: she lost her claim in the Employment Tribunal and, in an unreported judgment, the Employment Appeal Tribunal held that the grounds for an appeal to it were unarguable and dismissed her appeal from the ET’s decision[1]. [For the detailed background, see Mrs S Kuteh v Dartford and Gravesham NHS Trust (England and Wales: Unfair Dismissal) [2017] UKET 2302764/2016.]’

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Law & Religion UK, 14th May 2019