Sunday, August 04, 2013

British Appeals Tribunal Says Firing of Chef For Using Non-Kosher Jam Was Pretext For Disability Discrimination

In Carmelli Bakeries Ltd. v. Benali, (EAT, July 31, 2013), Britain's Employment Appeal Tribunal upheld the finding of an Employment Tribunal that a kosher bakery's discharge of a pastry chef for intentionally using non-kosher jam in a cake was unfair.  It concluded that the employee's treatment was in fact motivated by the employer's dislike of accommodations that had to be made for the employee's medical disability caused by sciatica.  However, the Appeal Tribunal held that the Employment Tribunal should have considered whether the £35,567 award for compensation should have been reduced for contributory fault of the employee.  Hendon & Finchley Times reports on the decision.