Council wins appeal in registrar civil partnerships case

An employment tribunal appeal has cleared Islington council in North London of religious discrimination against a Christian registrar who refused to perform civil partnerships. 

The council took disciplinary action against Lillian Ladele because of this refusal, which amounted to discrimination on the grounds of sexual orientation on her part, and not for her religious beliefs, the tribunal appeal ruled.  The ruling overturns an earlier tribunal’s decision in July, which said Ladele was discriminated against because of her Christian faith.

She was backed financially by the Christian Institute, who said she was ‘shunned’ by colleagues who mounted a ‘witch hunt’ against her.  

This original hearing said the council could perform civil partnerships without insisting all registrars carry them out, so compelling Ms Ladele to conduct gay and lesbian ceremonies made the council guilty of indirect religious discrimination. The council appealed the decision. 

The employment appeal tribunal's judgment states: "The council was entitled to take the view that excusing Ms Ladele from same-sex ceremonies was inconsistent with their commitment to nondiscrimination.  "There were some unsatisfactory features about the council’s handling of this matter. However, we are satisfied that the tribunal erred in finding discrimination. There is no evidential basis on which a tribunal could reach that conclusion." 

Ms Ladele, who has worked for the council for more than 16 years, initially swapped with colleagues to avoid performing same-sex civil partnerships after they became legal in 2005. But, after formal complaints, an internal disciplinary investigation began. 

Islington councillor John Gilbert said: "The council is pleased with this decision, which it believes is the right one."

Ben Summerskill, the chief executive of gay equality organisation Stonewall, commenting on the case previously, said: “No-one providing public funded services should be allowed to pick and choose who they serve."

But the Christian Institute’s Director, Colin Hart, insists: “Gay rights are not the only rights. If this decision is allowed to stand it will help squeeze out Christians from the public sphere because of their beliefs.”

Ms Ladele now plans to taker her case to the court of appeal.