Islington Christian registrar decision overturned on appeal

Islington Council has won its appeal today against a ruling that it unlawfully discriminated against a Christian registrar who refused to perform same-sex civil partnerships.

Lillian Ladele said she could not carry out same-sex ceremonies “as a matter of religious conscience” and a tribunal found in July that Islington Council in north London had discriminated against her. But today an employment appeal tribunal (EAT) upheld the council’s appeal at a central London hearing.

The EAT ruled that the earlier tribunal had “erred in law” and there was no basis for concluding that any “discrimination had been established”.

The appeals tribunal ruled: “The council were not taking disciplinary action against Ms Ladele for holding her religious beliefs; they did so because she was refusing to carry out civil partnership ceremonies and this involved discrimination on grounds of sexual orientation. The council were entitled to take the view that they were not willing to connive in that practice by relieving Ms Ladele of the duties, notwithstanding that her refusal was the result of her strong and genuinely-held Christian beliefs.”

The judgment went on to say that not all of the council management team treated Ms Ladele's beliefs sensitively. It also said there were “unsatisfactory features” about the way the council handled the matter.

In a statement outside the court, Ms Ladele’s solicitor Mark Jones said: “Lillian Ladele intends to appeal the judgment given by the tribunal today. She wants to make it clear that, whatever other commentators may have said, this case has never been an attempt to undermine the rights of members of the lesbian, gay, bisexual or transgender communities (LGBT).

Terry Sanderson, president of the National Secular Society, said: “This is the right outcome for this case. Although Ms Ladele may not have been treated well by her colleagues, the main principle that has been established is that gay and lesbian people are entitled to equal treatment from a public service provider. Religious convictions cannot be used as an excuse to deprive citizens of their legal rights.”

Councillor John Gilbert, Executive Member for Human Resources, Islington Council said: "This judgment provides clarity for employers across the country in requiring their employees to act in a non-discriminatory manner when discharging their public service duties."

19 December 2008