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Tribunal looks unlikely to support religious claim
Lilian Ladele
Christian registrar who refused to perform civil partnerships unlikely to win case
"If ruled in favour of Miss Ladele it could mean others could opt out of performing all kinds of ceremonies, citing their religion as the reason why"
An employment tribunal have indicated that they’re unlikely to support the claim of a Christian registrar who wants to opt out of performing civil partnerships on the grounds of her religion.
In July it was ruled that registrar Lillian Ladele had faced discrimination and harassment because of her decision not to perform civil partnerships on grounds of her religious beliefs. It was a decision that led to accusations of homophobia from colleagues and saw her threatened with the sack.
By making it compulsory for all registrars to perform civil partnership ceremonies the council was accused of religious discrimination. The tribunal commented in July:
"Islington Council rightly considered the importance of the right of the gay community not to be discriminated against, but did not consider the right of Miss Ladele as a member of a religious group."
After the hearing, gay rights campaigner Peter Tatchell said the ruling was a "dangerous subversion" and a "violation of human rights".
"Lillian Ladele claims she has won a victory for religious liberty. No, she has not. She has won a victory for the right to discriminate"
The council decided to appeal the decision and last week Justice Sir Patrick Elias, President of the Employment Appeal Tribunal, told The Islington Tribune:
"The fundamental problem with the tribunal’s judgement was that the reason for her treatment was not properly addressed.
"Nowhere does the tribunal say, 'Let’s analyse whether the reason for her disciplinary hearing was her religious belief.'
So often employers get things badly wrong. In this case in Islington, I would say that argument could probably be sustained. But getting things wrong is not the same as discrimination."
Since civil partnerships were legalised in the UK in 2005, Miss Ladele - who has worked for the council for over 16 years - made a rule of swapping ceremonial duties with colleagues to avoid having to perform them.
When several people complained an internal disciplinary investigation began, culminating in July’s tribunal.
Christian groups have expressed their concern over the wider implications of the case, meaning religious beliefs aren’t taken into consideration at all in the workplace.
The final ruling is expected before Christmas and looks likely to go in the council’s favour. However, if ruled in favour of Miss Ladele it could mean others could opt out of performing all kinds of ceremonies, citing their religion as the reason why.
