Miss Wasteney was employed as Head of Forensic Occupational Therapy at a mental health unit. She was, by her own description, a born again Christian. She complained to the employment tribunal following disciplinary action which had initially resulted in a final written warning being given to her. This was reduced to a first written warning following an internal appeal.
In 2011 Miss Wasteney had, with her employer's consent, provided religious services at the facility where she worked. However, concerns were raised regarding how these services were conducted and as to the Miss Wasteney's involvement and the employer suspended the services. In March 2012 the Claimant was counselled and informally warned about the need for boundaries between her religious and professional life. Subsequently, in 2013, a complaint was made by a junior therapist who was Muslim that the Claimant had tried to impose her religious views on her including inviting her to church services, providing her with a book about converting to christianity and on one occasion laying hands on her.
The Respondent undertook an investigation into the allegations and subsequently arranged a disciplinary hearing where three allegations against Miss Wasteney were upheld. Following her appeal she raised claims for harassment and discrimination before the employment tribunal. Dismissing her claims the Tribunal found that the reason for the claimant's treatment (the disciplinary action) was the blurring of her professional boundaries and the placing of improper pressure on a junior employee rather than any religious acts. The tribunal also rejected the argument that the sanction issued was so oppressive as to amount to harassment.
The Employment Appeal Tribunal upheld the findings of the tribunal and dismissed the appeal. This case follows a number of others which have also found that disciplinary action for promoting religion in the workplace is not discrimination. This is because, in these cases, what has been complained about is not a religious act but a conduct matter focusing on whether the behaviour of the employee, in trying to promote their own beliefs on to another, was appropriate.