DISCRIMINATION - 27.01.2010

Religion v sexuality - who wins?

Conflicts. Both the Employment Equality (Religion or Belief) Regulations and the Employment Equality (Sexual Orientation) Regulations came into force in 2003. When they did, it wasn’t clear which one would win if ever they clashed. This has now (inevitably) happened. So what did the Court of Appeal decide?

Against civil partnerships. In Ladele v the London Borough of Islington 2009, Ladele (L) had been employed as a Registrar of births, marriages and deaths for several years. In 2005, civil partnerships were introduced, and from that point she was required to officiate over these ceremonies. But she refused to do this on the grounds that “marrying” same-sex partners was contrary to her strong Christian beliefs. Initially, L won her case of indirect discrimination and harassment. But when her employer asked the Court of Appeal to consider the matter it was found to have done nothing wrong.

Why? It took into account the Equality Act (Sexual Orientation) Regulations 2007. These restrict the right to “freedom of religion or belief” when “goods, facilities and services” are provided to the public. So the actual consequence of L’s beliefs for her employer were that same-sex couples were discriminated against, and it could not be placed in this position. If it were, it risked other action for discrimination.

Tip. This case is concerned with the provision of public services, but the same principles will apply to this type of conflict in the private sector. Make it clear that whilst you will respect every employee’s religious beliefs, they can’t exercise them in a way that causes you to breach other areas of discrimination law; whether it be against other employees or third parties. This can be done via an equal opportunities and dignity at work policy which, if ignored, could warrant disciplinary action.

For a free sample equal opportunities and dignity at work policy, visit http://personnel.indicator.co.uk(PS 12.03.01).