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10th September 2010

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Religious discrimination

London Borough of Islington vs Ladele

EAT/0453/08

Key facts

Ladele was a registrar who refused to carry out civil partnership ceremonies because of her religious beliefs. She was dismissed following complaints from gay staff members.

Decision

The original tribunal decision was that she had been discriminated against but EAT ruled otherwise, arguing that the employer’s obligation to carry out civil partnerships was legitimate and it was reasonable of them to require all registrars to share the work. No discrimination was involved because they would have treated any other employee the same way.

Our view

There is a raft of religious discrimination claims floating through the tribunals at the moment as the new(ish) law is put to the test. Chondol vs Liverpool City Council has ruled that breach of a council’s prohibition on promoting religious beliefs is reasonable grounds for dismissal but the high profile case of the nurse returning to work after a suspension for offering to pray for a patient seems to point the other way. Time will tell.

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