Islington Council wins appeal against Christian registrar over civil partnerships » Local Government » 24dash.com

A council 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".

It 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).

"The evidence showed that Lillian performed all of her duties to the same high standard for the LGBT community as she did for everyone.

"This case has been about the shortfall between the principle of equal dignity and respect for different lifestyles and world views, and Islington Council's treatment of Lillian Ladele - conduct which the tribunal felt moved to describe as extraordinary and unreasonable.

"The case has also been about the reason why Islington Council decided to designate Lillian Ladele a civil partnership registrar, without informing her, when she had asked not to be made one; when the council expressly knew it would conflict with her religious belief (a religious belief it accepted was worthy of respect); and when the evidence showed that her involvement was not even required to help the council provide its civil partnership service.

"The council has since then pursued Lillian Ladele in disciplinary proceedings which it has made clear may ultimately lead to her dismissal.

"Notwithstanding her personal disappointment, Lillian has asked me to convey that above all Christmas is a time of joy.

"Her prayer is that at this time every single person may know God's promises of peace on earth and goodwill to all mankind - through his son Jesus."

Ms Ladele's solicitors said they would take the case to the Court of Appeal next year.

Colin Hart, director of the Christian Institute think tank, which has supported Ms Ladele in the case, said: "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 religious beliefs on ethical issues."

Councillor John Gilbert, Executive Member for Human Resources, Islington Council said: "The council is extremely pleased with this decision which it believes to be the right one.

"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."

Ms Ladele's solicitors said they would take the case to the Court of Appeal next year.

Colin Hart, director of the Christian Institute think tank, which has supported Ms Ladele in the case, said: "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 religious beliefs on ethical issues."

Councillor John Gilbert, Executive Member for Human Resources, Islington Council said: "The council is extremely pleased with this decision which it believes to be the right one.

"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."

Chief executive of gay rights lobby group Stonewall Ben Summerskill welcomed the decision.

He said: "We are absolutely delighted that our prayers have been answered in this case.

"It is entirely inappropriate that any public servant can be allowed to pick and choose between taxpayers who are funding a public service."

He said any other decision could have led to single parents and people in mixed marriages being discriminated against as well.

The decision was described as "a victory for common sense" by the National Secular Society.

Executive director Keith Porteous Wood said: "We are especially pleased the appeal has succeeded, otherwise we might have been faced with firemen refusing to rescue co-habiting couples from burning buildings, doctors refusing to treat people with HIV, or police officers refusing to come to the aid of unmarried mothers."