A teacher at an orthodox Jewish nursery sacked after living with her boyfriend out of wedlock has won her case of religious and sexual discrimination.
An employment tribunal heard that after complaints were made, Zelda de Groen was subjected to a "humiliating" hour long interview by her female bosses who told her that at 23 she should be married, she claimed.
They then told her that living with someone or having children outside of marriage would "not be tolerated" in her workplace, it was alleged.
The 24-year-old, who has since got married, had attended a work barbecue with her boyfriend as well as parents, other teachers and the nursery's founder, Mendy Freundlich.
Four weeks later she was removed from her class at the Gan Menachem Nursery in Hendon, north-London and subjected to the interview.
She underwent a disciplinary procedure and was sacked about a month later for bringing the nursery into disrepute.
She then sued them for religious and sex discrimination, seeking more than £20,060 in compensation.
Concluding the hearing, Watford Employment Tribunal panel said: "The effect was undoubtedly humiliating, degrading and offensive.
"The claimant was distraught during and after the meeting, and reasonably so.
"She was being probed about her private life in ways which suggested that she was behaving badly and foolishly."
Speaking of the interview with the head teacher, Miriam Lieberman, and nursery manager, Dina Toron, she said: "During the meeting, which lasted for around an hour, Ms Toron and Ms Lieberman subjected me to a continuous personal attack on my life choices, including, particularly, my decision to live with my partner.
"They started the meeting by saying that it had come to their attention and they needed to ask whether it was true that I was living with a man.
"I was shocked by their question and said that I didn't feel comfortable with what they were asking and the way they were asking."
She said she felt “scared” and their tone was “threatening” and that she “was subjected to the world view of my two managers”.
Ms de Groen said: “They told me that is not allowed to live with another person prior to marriage and that to do so is against what people in our workplace should do.
"I was told that having kids outside of marriage is wrong and will not be tolerated in our workplace.
"Their comments, and the personal nature of the meeting, were humiliating for me."
The tribunal heard during her employment Ms de Groen knew she had to comply with the “nursery's ultra-orthodox teaching and rules while at work”.
She said: “My personal life had no influence on my performance and teaching with the children, evidently.
“What Ms Toron and Ms Lieberman were asking me about was entirely separate to my work at the nursery and I felt their questions and the way they put them to me were intrusive, abusive and humiliating."
The witness claimed during the meeting they said at the age of 23 “she should be married” and that “23 is a big number. Don't you want to get married? Why not? Do you have a problem with it?' I was super-mortified by this".
The nursery denied saying she needed to be married by 23 and claimed the tone of the meeting was not the same as that portrayed by her.
They said that she knew her situation would be frowned upon and that her co-habiting status should not have been put in the school's domain.
Ms de Groen had worked at the nursery for four years, teaching children aged two and three from traditional orthodox Jewish backgrounds and had been promoted to class team leader.
Ms de Groen was brought up in an ultra-orthodox Jewish community in Stamford Hill, north London, but in 2009 she moved to Israel.
She returned to the UK in 2012 and began working for the nursery on a temporary basis, before getting a full time role.
The tribunal heard she met her partner, Oz Waknin, in January 2016 and they started dating, before moving in together in April.
She notified the nursery of her change of address and said some of her colleagues knew they were living together.
She said: "No one that knew we were living together, including some parents of children at the nursery that I am friends with outside of work, expressed any concern at or disapproval of our living situation."
At the end of May last year the couple attended a barbecue at the home of a member of the synagogue to which the nursery is attached along with nursery parents and founder Mr Freundlich.
She said: "I was excited to introduce him to them as my partner. At some point during the barbecue Oz and I found ourselves in a conversation with Mr Freundlich."
It was during that conversation Mr Freundlich asked where she was living, and she told him they were living in Pimlico.
She said: “Mr Freundlich didn't say anything to suggest that he disapproved of what I had said and I don't remember there being any negative reaction to my comment from anyone else at the barbecue.”
Four weeks later on 27 June she was taken out of her class for a meeting in the staff room.
Teachers from the school claim one parent said she would not be sending her child to the school because of Ms de Groen's cohabiting status.
Two days after the meeting she asked both women for an apology but they refused and the following day she was given a letter notifying her of disciplinary proceedings.
It was alleged she presented herself in a way which proved she acted or was acting in contravention of the nursery's culture, ethos, and religious beliefs.
It was also alleged she had damaged the nursery's reputation as a result of "parental complaints” and this could lead to the “financial detriment of the nursery and loss of income” as parents had threatened to remove their children from the school.
The disciplinary meeting took place on 26 July in Ms de Groen’s absence due to illness and the next day she was informed her contract would be terminated.
The nursery claim that she had refused to engage with the disciplinary process.
She said she was saddened and upset by the sacking, saying: "I felt that I was being punished in my professional life for a private and personal issue that was entirely separate to my work for the nursery."
The Gan Menachem Nursery denied any discrimination and said they acted on the recommendation of their HR company.
Employment Judge Andrew Clarke QC said: "We consider that Ms Toron and Ms Lieberman did deliberately indicate at the meeting that [lying] might provide an acceptable solution to the problem.
"However, the claimant failed to understand that this is what the respondent wanted, because lying is contrary to Orthodox Jewish beliefs – and her own beliefs – and she simply did not expect either of those two ladies to be asking her to lie.
"The fact remains that they were. It is repugnant to generally accepted standards of morality to require someone to lie, especially about matters so concerned with their protected human rights."
A remedy meeting, which will decide on any compensation, is planned for a later date.
South West News Service
