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 Name of weekly column: Speechly Speak
Name of this week's contributor: Daniel Wise, solicitor, Speechly Bircham
Lillian Ladele was last week reported to have won her discrimination claim against the Islington Council in a case that pitted the rights of the gay community against a committed Christian registrar.
The tribunal’s decision was described as a “victory for religious liberty …” in a case which forced the tribunal to tread the delicate path between the individual’s right to freedom of religious expression against the rights of same sex couples. Ms Ladele worked as a registrar for the Islington Council. She held strong views in relation to same sex civil partnerships by virtue of her orthodox Christian beliefs. For some time she was able to avoid a confrontation with her employer by swapping ceremonies with colleagues. However when her employer changed, on refusing to perform same sex civil partnership ceremonies she was given an express order to do so by her boss or to face dismissal for gross misconduct. She also claimed that due to her stance on the issue she was “picked on, on a daily basis”.
The question for the tribunal was a difficult one, should it find in favour of Ladele enshrining her right to express her religious beliefs without fear of hostile, degrading or humiliating behaviour? Alternatively should the rights of the gay community to same sex civil partnerships “trump” Ladele’s right to stand by her religious beliefs?
The tribunal found that Islington Council’s behaviour had “the effect of violating Ladele’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment.” This gave rise to a decision which has angered human rights campaigners such as Peter Tatchell. Mr Tatchell commented on the decision that “Lillian Ladele claims she won a victory for religious liberty. No, she has not. She has won a victory for the right to discriminate.”
Outcome
Ladele is now expecting to return to work safe in the knowledge that her entitlements to express her religious views will no longer allow her to suffer at the hands of the Council. However this may not be the final chapter in Ladele’s story. Islington Council has the opportunity to appeal the tribunal’s decision to the Employment Appeal’s Tribunal.
Action groups are putting pressure on the Council to do so on the grounds that public servants should not have the right to opt out of those legal requirements imposed upon them.On the face of it this decision might be interpreted as a step backwards for same sex couples and their rights to civil partnerships.
On one level it is hard to see why views that appear to be homophobic were allowed to be over ruled by Christian beliefs. However, the case rightly focused more on the way in which the Council dealt with the problem and the difficult position Ladele was put in because of her religious beliefs.
The tribunal found on the facts that the Council could have provided a first class service through the use of other registrars without the need to force Ladele to undertake same sex civil ceremonies. If this had not been so and the Council had handled the process of requiring her to undertake these ceremonies more effectively, by for example consulting with her on the issue, the case could well have gone the other way.
However, the tribunal’s finding on the case does appear to be open to challenge in a number of respects. The case may make it difficult for employers to manage employees who have strong fundamental views. Will the outcome of the case encourage employees with such views to express them and to resist carrying out instructions which would normally be regarded as lawful? For example members of the medical profession with strong right to life views may not wish to assist patients seeking abortions.
How will employers be able to manage a process where they are required to balance two equivalent rights or freedoms? Hopefully if the case does go to the Employment Appeal’s Tribunal on appeal the issues will be expressed in a way that will help employers to overcome these difficulties.
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