Christian therapist wrongly dismissed, Tribunal rules

A Christian relationship counsellor from Bristol who was sacked after raising concerns about giving gay couples sexual advice was wrongfully dismissed, an Employment Tribunal has ruled.

But Gary McFarlane, from Bristol, was not subjected to religious discrimination after he told bosses at the relationship charity Relate that offering psycho-sexual therapy to same-sex couples was against his beliefs.

McFarlane took his former employers to a Tribunal and claimed wrongful dismissal, unfair dismissal and discrimination on the grounds of religion.

The Tribunal panel, publishing its judgment yesterday, threw out McFarlane's claims of unlawful discrimination and his claim of unfair dismissal, but upheld his claim of wrongful dismissal.

McFarlane, a qualified solicitor and former church elder, was sacked from the Avon branch of Relate after he told his manager that, as a Christian, he could not give gay couples sexual advice. However, he told the Tribunal he was happy to work with homosexual couples in relationship therapy, focusing on emotional issues.

McFarlane, who started training with Relate in 2003, was suspended in October 2007 but reinstated in January 2008 after agreeing to abide by an equal opportunities policy.

He claimed he then became the victim of a hate campaign after a letter was circulated labelling him homophobic and calling for his departure.

Following a further disciplinary hearing, after McFarlane reiterated his earlier stance, he was dismissed in March 2008.

Avon Relate manager Michael Bennett had told the hearing that McFarlane's stance put him at odds with the charity's equal opportunities policy. He denied the alleged breach of confidentiality which had led to the homophobia rumours.

During the hearing, Relate's counsel accepted that McFarlane's expression of his opinion on gay sex did not amount to gross misconduct, and the charity should have given him notice to leave after deciding they had lost trust and confidence in him.

The Tribunal will announce what action it will take against Relate in relation to the wrongful dismissal verdict at a later date.