An Orthodox nursery is appealing a ruling that found it discriminated against a Jewish teacher it fired after learning she was living with her boyfriend.
Zelda de Groen, 25, won a claim of religious and sexual discrimination against Gan Menachem in Hendon at an employment tribunal last year, after losing her job in 2016.
But at a one-day hearing at the Employment Appeal Tribunal in London on Thursday, lawyers for the nursery argued that the original decision was wrong.
Watford Employment Tribunal accepted that many Orthodox Jews regarded cohabitation before marriage as wrong.
But it found that the nursery, which follows Lubavitch teachings, had not shown there was any occupational requirement for teachers to abide by its religioius standards.
Ms de Groen married her boyfriend last year.
Her case is being supported by the Equality and Human Rights Commission.
“No one should be discriminated against by their employer because they do not share particular religious beliefs,” an EHRC spokemsan said.
"We are funding this case as we believe that the nursery could not justify the idea that the employee’s living arrangements had any impact on her ability to carry out her role as a teacher."
Gan Menachem was represented at the appeal by John Bowers QC and Ashley Serr.
The appeal tribunal’s decision is expected to be delivered in a few weeks.