Background Facts

The Claimant, a practicing Christian, worked for Islington Council and part of her duties were to carry out services for civil partnerships. The Claimant on religious grounds refused to carry out those civil partnerships services on the grounds that they were contrary to her Christian beliefs. The Council accordingly threatened her with dismissal and the Claimant brought claims under the Employment Equality (Religion or Belief) Regulations 2003. At the first instance the Employment Tribunal found the Claimant had suffered direct and indirect discrimination and harassment by way of her religious belief. The case was appealed to the Employment Appeal Tribunal (EAT), the EAT upheld the Council’s appeal and the Claimant subsequently appealed to the Court of Appeal.

The Court decided there is nothing in Religion of Belief Regulations 2003 that entitled the Claimant, as a civil partnership Registrar to insist on her right not to have civil partnership duties assigned to her because of her belief that civil partnerships were contrary to the word of God.

The Court of Appeal agreed with the Employment Appeal Tribunal that the Claimant was not directly or indirectly discriminated against or harassed contrary to the Regulations, by being given a civil partnership Registrar or by any other aspect of her treatment by the council.

Comment

The case is an interesting example of the conflict in laws between protection for homosexuals under the Equality Act (Sexual Orientation) Regulations 2007 and the Employment Equality (Religion or Belief) Regulations 2003 which can protect discrimination on the grounds of religious belief.

The Court of Appeal went on to consider explicitly the conflict of rights issue and specifically whether the effect of the Sexual Orientation Regulation 2007 was to “trump” the right of Freedom of Religion under the 2003 Regulations.  The Court of Appeal decided that the prohibition on discrimination by 2007 Regulations took precedence over any right which a person would otherwise have by virtue of their religious belief or faith to practice discrimination on the grounds of sexual orientation because of that belief or faith (save for in limited circumstances provided for in those Regulations).