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Employment Employment Bulletin - 9 September 2010

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THE CLASH OF CHRISTIAN BELIEFS AND SEXUAL ORIENTATION

A counsellor for Christian Relate found himself in a position of conflict when required to assist in the “psycho-sexual counselling” of same sex couples. This was against his Christian beliefs that same sex relationships were wrong.

He declined to accept instructions and was dismissed.

He said that he had been discriminated against because he was a Christian. But the Employment Appeal Tribunal disagreed. Its reasoning was that there was no direct discrimination because he had been dismissed not because he was a Christian but because he had “manifested his beliefs” in a way that was against his employer’s principles. The Court also decided that there was no indirect discrimination since Relate acted legally in requiring its employees to act in a non-discriminatory manner. Accordingly Relate showed justification, a defence to indirect discrimination.

For further information please contact Nigel Pepper or Patrick Nelson on 01785 211411.

17 December 2009

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The contents of this article are for the purposes of general awareness only.  They do not purport to constitute legal or professional advice.  The law may have changed since this article was published.  Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.
 
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