EAT RELIGION OR BELIEF DISCRIMINATION
The claimant was a Registrar who, amongst other things, registered marriages. When the Civil Partnerships Act came into force, she refused to participate in registering such partnerships because to do so was inconsistent with her religious beliefs. The council insisted that she should undertake at least some of these duties, and disciplined her and threatened her with dismissal when she refused.
She alleged that she had been discriminated against by reason of her religious belief in various ways. The allegations were that there had been direct discrimination, indirect discrimination and harassment. The indirect discrimination argument was based on the fact that the council had chosen to designate the claimant as someone suitable to do civil partnership work notwithstanding that they knew that she had genuine and strong religious reasons for not wanting to do it.
The EAT held that the Tribunal had erred in law and that on the evidence adduced before the Tribunal there was no proper basis for a tribunal concluding that any of these forms of discrimination had been established.
Accordingly, the appeal was upheld and a finding that there was no discrimination substituted.
Judges:
Elias J P
Citations:
[2008] UKEAT 0453 – 08 – 1912, [2009] ICR 387, [2009] BLGR 305, [2009] IRLR 154
Links:
Statutes:
Civil Partnership Act 2004, Employment Equality (Religion or Belief) Regulations 2003 (SI 2003 No 1660) 3(1)
Jurisdiction:
England and Wales
Citing:
Cited – Dr Anya v University of Oxford and Another CA 22-Mar-2001
Discrimination – History of interactions relevant
When a tribunal considered whether the motive for an act was discriminatory, it should look not just at the act, but should make allowance for earlier acts which might throw more light on the act in question. The Tribunal should assess the totality . .
Cited by:
Cited – London Borough of Tower Hamlets v Wooster EAT 10-Sep-2009
EAT AGE DISCRIMINATION
UNFAIR DISMISSAL – Polkey deduction
Council employee seconded to registered social landlord – Secondment comes to an end, so that he is formally redundant – Employee aged 49 and . .
Appeal from – Ladele v London Borough of Islington CA 15-Dec-2009
The appellant was employed as a registrar. She refused to preside at same sex partnership ceremonies, saying that they conflicted with her Christian beliefs.
Held: The council’s decision had clearly disadvantaged the claimant, and the question . .
Cited – McFarlane v Relate Avon Ltd EAT 30-Nov-2009
EAT RELIGION OR BELIEF DISCRIMINATION
UNFAIR DISMISSAL – Reason for dismissal
Christian counsellor dismissed by Relate for failing to give an unequivocal commitment to counsel same-sex couples.
Cited – McFarlane v Relate Avon Ltd CA 29-Apr-2010
The employee renewed his application for leave to appeal against refusal of his discrimination claim on the grounds of religious belief. He worked as a relationship sex therapist, and had signed up to the employer’s equal opportunities policy, but . .
Appeal from – Ladele and McFarlane v The United Kingdom ECHR 12-Apr-2011
Statement of Facts and Questions to parties . .
At EAT – Eweida And Others v The United Kingdom ECHR 15-Jan-2013
Eweida_ukECHR2013
The named claimant had been employed by British Airways. She was a committed Christian and wished to wear a small crucifix on a chain around her neck. This breached the then dress code and she was dismissed. Her appeals had failed. Other claimants . .
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination
Updated: 30 July 2022; Ref: scu.279794