Q. Last week I read about a court case involving a christian Relate counselor who was dismissed for refusing to counsel same-sex couples because he believed them to be sinful. Whilst I don't agree with these views, I believe it is wrong to force a person of faith to practice something which goes against their beliefs. Aren't there laws in place which protect against discrimination on religious grounds?
A. Yes there are, and in the case you refer to the employee actually brought a claim against his employee for discriminating against him on the grounds of his religious beliefs.
However, there are also laws which prohibit discrimination against people on the grounds of their sexual orientation and where any two laws come into conflict the courts have to walk the line between the two.
In this particular case, when the counselor joined Relate in 2003 he signed up to its equal opportunities policy which committed him to the equal treatment of all staff and clients regardless of, amongst other things, their sexual orientation. He was also bound by a professional code which prevented him from discriminating against clients.
The court found that, on the facts of the case, the employee had not been discriminated against on religious grounds. Indeed, if the court had decided otherwise, then this would have resulted in a bizarre situation whereby a person could use an anti discrimination law (i.e. the law against religious discrimination) to exempt them from other anti discriminatory laws (i.e. the laws against discriminating on the grounds of sexual orientation).
For specialist advice contact Keith Swan of Patterson, Glenton & Stracey Solicitors by email at ks@pgslaw.co.uk or by telephone on 0808 231 7043. Patterson, Glenton & Stracey Solicitors have provided legal advice to the people of South Tyneside for over 125 years. For details of their full range of services and to view previous Gazette articles please log on to www.pgslaw.co.uk . Patterson, Glenton & Stracey Solicitors: Guided by Logic.
