6 days ago
Rabbi fired for sexual misconduct blamed autism
A rabbi lost a disability discrimination claim against his employer after he was sacked for sexual misconduct.
Dr Moshe Freedman was fired from his post at New West End Synagogue in west London, after he 'transgressed appropriate boundaries' with a woman, the hearing was told.
He was reported to police, who took no further action, but the synagogue and the local authority concluded he was guilty of sexual misconduct and fired him.
Dr Freedman tried to sue United Synagogues - which oversees New West End - and Anthony Ansell and Andrew Eder, who were involved in his disciplinary process, as he believed he was unfairly and wrongfully dismissed.
He also claimed he was the victim of disability discrimination, arguing that his autism was to blame for 'difficulties recognising social boundaries'.
He lost all his claims and has been ordered to pay £20,000 to cover legal costs.
'Transgressed appropriate boundaries'
The employment tribunal hearing in central London was told he became rabbi of New West End in March 2015.
In May 2022, an incident occurred between Dr Freedman and a woman who cannot be identified for legal reasons.
He was arrested by police days later and sent an email to other synagogue leaders notifying them, saying: 'There are no words to express the regret that I feel for what I have done and the catastrophic consequences this will have for everyone and everything that is dear to me. I can't say more now.'
After he was suspended, the tribunal heard 'he researched any possible links between his autism and what had happened'. Police investigated the sexual misconduct allegation and took no further action.
However, Westminster council's local authority designated officer [LADO] concluded that the allegation of sexual misconduct was 'substantiated' due to the consistent account provided by the complainant and due to Dr Freedman's 'part confession'.
In its full decision, the tribunal quoted a heavily redacted report that was produced following Dr Freedman's suspension: 'Nevertheless, regardless of his tendency to be tactile and affectionate, my view is that Rabbi Freedman's physical contact ... clearly transgressed appropriate boundaries.'
It added: 'At the time he demonstrated a lack of awareness and insight into the appropriateness of his behaviour, and consequently placed himself in a situation he did not know how to manage.'
The report said 'that in some situations he finds he difficult to keep his feelings - and his behaviour - in check'.
New West End Synagogue concluded he committed the allegation and sacked him in January 2023.
'Obvious reputational risk'
Employment Judge Sarah Keogh dismissed all Dr Freedman's claims and said they found his actions 'transgressed boundaries' and were 'supported in this finding by the conclusions reached in the [specialist] report'.
She added: 'We reject [Dr Freedman's] assertion that his behaviour at this point in time was because he... had difficulty recognising the social boundaries because of his ASD [Autism Spectrum Disorder].
'[Dr Freedman's] case at its highest was that he was confused as to the boundaries which he ought to have applied.'
Judge Keogh concluded: 'In the circumstances the [synagogue] was entitled to summarily dismiss [Dr Freedman] based on seriousness of the conduct, the obvious reputational risk, and the incompatibility of what he had done with his standing as a Rabbi.'
