In a recent case, Omooba v Michael Garrett Associates Ltd (T/A Global Artists), the Employment Appeal Tribunal (EAT) made a significant ruling regarding religious beliefs in the workplace. The case involved a Christian actor, Ms. Omooba, who was dismissed from a role and had her contract terminated after a social media storm erupted over her publicly expressed beliefs about homosexuality.

Ms Omooba had won the lead role in a stage production of ‘The Color Purple’.  At the time that she accepted the role, she had not known that the story depicts a lesbian relationship between two women.  Several years earlier, Ms Omooba, had made a Facebook post saying that homosexuality was sinful. Before the time of rehearsals for the show, someone retweeted her post and it created intense media coverage. She was asked to apologise and to retract her comments, due to the negative publicity, but she refused to do so, resulting in her dismissal from the role. Once Ms Omooba was aware of the script depicting a lesbian relationship, she admitted that she would not have accepted the role, had she known what it entailed, in any case.

Ms. Omooba then brought claims of discrimination, harassment and breach of contract, following her dismissal. The tribunal found that her religious beliefs were not the reason for the termination of her contract but rather the potential commercial risks faced by the theatre and agency due to the social media backlash and the negative publicity.

The EAT upheld the tribunal’s decision, emphasising the need to distinguish between the motive and reason for the treatment. It clarified that while Ms. Omooba’s beliefs were part of the context, they were not the operative reason for the decisions made by her employers. Despite the hostile social media campaign against her, the tribunal concluded that it was not reasonable for her to find that the act of dismissal was an act of harassment. Ms Omooba was well aware of the adverse publicity now facing the production and she had refused to change her position. Her breach of contract claim also failed, as she had admitted that she would not have played the role in any case, once she knew about the storyline.

This case highlights the complex balance employers face in accommodating conflicting beliefs in the workplace. While individuals have the right to express their religious beliefs, employers must also consider the potential impact on business operations and the rights of other employees.

Ms Omooba intends to take her case to the Court of Appeal.

For assistance with employment law issues, contact our Employment Law Partner, Lindsey Abbott.