Mary Kitson

Jonathan Kerr, who describes himself as a “practising Judaeo-Christian”, took action against Pandox Belfast Limited, known as Hilton Belfast, after he lost an offer of employment as a night porter due to his religious observance of the Sabbath.

Mr Kerr observes the Sabbath from Friday sunset to Saturday sunset and does not work for an hour before or after sundown.

From the beginning of the recruitment process, Mr Kerr says he was open about his religious observance and sought clarification regarding shift patterns. He specified in writing that he would be unable to work from 3pm on a Friday to 11pm on a Saturday. 

After a successful job interview, Mr Kerr received an offer of employment. He signed a contract of employment which included an additional letter from human resources confirming that he was unable to work from sunset on Friday to sunset on a Saturday.

However, Mr Kerr’s job offer was revoked three days before he was due to work his first shift.

He was informed via email that it would be unfair to the rest of the team for one person to be off every Friday night and that the hotel required someone who was completely flexible, especially on a zero-hour contract.

Mr Kerr emailed the company to ask if he had been in a position to work on Fridays would his offer of employment have been retained. The response received said that it would be fine if he was able to work on a Friday as they could ensure fairness throughout the entire team. 

“I was really upset and distressed to know that I had completed the recruitment exercise successfully but yet was denied the opportunity to work because of my adherence to my faith,” Mr Kerr said after the case was settled.

“I made them aware of my religious observance obligations from the start of my application.

“I felt such a failure because I was unable to work and provide for myself.”

Mary Kitson, senior legal officer at the Equality Commission for Northern Ireland, said: “Employers must ensure that their policies, procedures and practices are lawful.

“Where an employer operates a rule or policy that looks the same for everyone but in effect disadvantages people from a particular religious belief, they must show the reason for the rule or policy, what alternative arrangements they considered and why these could not be implemented.

“They must be able to demonstrate that their approach was appropriate and proportionate.”

In settling the case, Hilton Belfast has affirmed its commitment to the principle of equality and opportunity.

The business has agreed to liaise with the Equality Commission of Northern Ireland to review its equal opportunities policies, practices and procedures to ensure they conform with the requirements of the Fair Employment and Treatment (NI) Order 1998.

The company regrets any distress and injury to feelings suffered by Mr Kerr. The case was settled without admission of liability.