Christian registrar who refused to perform civil partnerships wins Tribunal

A Christian registrar who refused to perform civil partnerships because she considers them “contrary to God’s law” has won her Employment Tribunal claims for direct and indirect discrimination and harassment on the grounds of religion or belief.

Before the Civil Partnership Act 2004 came into force, Registrar Lillian Ladele said that she would not carry out civil partnerships for the London Borough of Islington as it was contrary to her beliefs as an orthodox Christian. Once the Act was implemented, she began to swap shifts with her colleagues if a civil partnership was scheduled on the rota.

However, after complaints from other staff members her relationship with her employer deteriorated, leading to disciplinary hearings and threats of dismissal if Ladele continued to refuse to carry out civil partnerships. Her refusal was said to be contrary to the Council’s ‘Dignity for All’ equality and diversity policy.

Ladele, who continues to work for the London Borough of Islington, took her claims of indirect and direct discrimination and harassment to Employment Tribunal after a final disciplinary hearing in September 2007.

The Employment Tribunal stated:

“This is a case where there is a direct conflict between the legislative protection afforded to religion or belief and the legislative protection afforded to sexual orientation. Ms Ladele accepts that there are important rights under the European Convention on Human Rights of members of the lesbian, gay and bisexual community….Ms Ladele does not seek to undermine those rights.

"Equally, Ms Ladele has Convention rights on the grounds of her religion or beliefs as a Christian…Both sets of rights are protected.  One set of rights cannot override the other set of rights.”

The Tribunal heard that the Council had:

• told other members of staff about plans to discipline Ladele, in breach of its confidentiality policy;
• subjected her to a disciplinary process from May 2007 onwards;
• failed to consider her for promotion because of her refusal to carry out civil partnerships;
• failed to redress accusations that she was homophobic or the subsequent treatment of her as homophobic;
• accused her of gross misconduct;
• changed the terms and conditions of her employment without gaining her consent;
• failed to apply the ‘Dignity for All’ equality and diversity policy equally to those who discriminated against her; and
• threatened her with dismissal.

Because of this, the Tribunal found that Ladele had been directly discriminated against on the grounds of religion or belief.

In the complaint of indirect discrimination, the Tribunal found that:

“The Respondent (London Borough of Islington) placed a greater value on the rights of the lesbian, gay, bisexual and transgender community than it placed on the rights of Ms Ladele as one holding an orthodox Christian belief.

"The Respondent showed no respect for Ms Ladele’s rights. Their action in applying [the provision, criteria or practice that from the commencement of the Civil Partnership Act 2004 all Registrars should carry out civil partnership ceremonies and registration duties] was not a proportionate means of achieving a legitimate aim.”

The Tribunal also found that, because of the disciplinary process and the fact that Ladele was not considered for promotion because of her views, the behaviour of her employer had amounted to unlawful harassment.  

The remedy hearing will take place on 25 September 2008.