Employers do not have to accommodate an individual’s religious beliefs where those beliefs undermine a commitment to Equal Opportunities and Non Discriminatory practices
A registrar at the London Borough of Islington asked to be excused from involvement in Civil Partnership ceremonies as she felt unable to reconcile her Christian faith with taking an active part in enabling same sex unions to be formed. Two members of staff accused the registrar of discriminating against the gay community and complained they felt victimised by her stance. Islington Borough Council took disciplinary action against the registrar for refusing to be involved in civil partnership ceremonies. The registrar claimed she had been subject to religious discrimination.
The Employment Appeal Tribunal overturned the Employment Tribunal’s decision that the registrar was being disciplined because of her objection to carrying out civil partnership duties which stemmed from her religious beliefs and therefore had been discriminated against on the basis of her religion. The Employment Appeal Tribunal held that the council had taken disciplinary action because the registrar was refusing to carry out civil partnership ceremonies so there was no discrimination.
Significantly, the Employment Appeal Tribunal accepted the council’s aim to provide a civil partnership service on a non discriminatory basis was legitimate. The council was entitled to require that all registrars performed the full range of services. Therefore allowing an individual employee to select which duties she would or would not perform would undermine the council’s commitment to equal opportunities.
If you have concerns regarding discrimination on grounds of religion or belief, please phone Ashley Hunt on 0116 212 1000 now or complete one of the on-line forms.
