By Helen Barney

The reach of the Supreme Court’s decision in the goods and services discrimination complaint of Lee v Ashers Baking Company Ltd [2018] IRLR 1116 is starting to reveal itself.

In the recent EAT decision in Gan Menachem Hendon Ltd v Groen UKEAT/0059/18/OO the Tribunal’s finding of direct discrimination on grounds of religion or belief was overturned on the basis that its conclusions could not survive the reasoning of Baroness Hale in Asher’s. Swift J concluded that the Equality Act 2010 does not prohibit less favourable treatment by an employer on the basis of its own religion or beliefs.  A discriminator’s motive for the less favourable treatment is immaterial.