Demoted housing boss to face employer in court

Published by Max Salsbury for 24dash.com in Housing and also in Communities, Legal

A housing manager whose criticism of gay marriage led to his demotion is going to court tomorrow to try and recover his "lost earnings".

Adrian Smith was demoted and given a 40% pay cut by employer Trafford Housing Trust after writing on his Facebook page that gay marriage was "an equality too far".

Trafford Housing deemed that the comments, which were posted in February 2011, amounted to gross misconduct. But Mr Smith has claimed that his employer acted unlawfully and will now fight the matter in court.

A colleague of Mr Smith posted a response to the comments and asked what he meant by them. Mr Smith replied: "I don’t understand why people who have no faith and don’t believe in Christ would want to get hitched in church.

“The Bible is quite specific that marriage is for men and women. If the state wants to offer civil marriage to the same sex then that is up to the state; but the state shouldn’t impose its rules on places of faith and conscience."

Mr Smith's case is being backed by the Christian Institute, and he has also received support from the gay rights activist Peter Tatchell. Mr Tatchell explained why he was willing to support Mr Smith: “If a gay employee was treated this harshly by a Christian organisation for writing pro-gay comments on their personal Facebook page, there would quite rightly be an outcry and accusations of homophobia.

“He did not personally discriminate against anyone. There is no evidence that he has treated any of his gay housing clients adversely.

“Smith voiced his opinion in a calm, non-abusive manner. He was not threatening or intimidating.”

Former housing minister Grant Shapps has also voiced support for Mr Smith.

In statement, Trafford Housing Trust said: "In October 2011 Mr  Smith issued a claim for a breach of human rights and breach of contract against THT in the Manchester County Court. In March 2012 a Pre Hearing Review was held on the issue of Human Rights. This element of the claim was dismissed as the Court found that Mr Smith had no reasonable cause of action against THT. Mr Smith was ordered to pay our costs of defending his claim and he did not try to make any legal appeal over that decision.  This part of his claim is therefore dismissed.

"There is now a second hearing relating to the Trust's decision to demote him from his position as a Manager. This is taking place in Manchester County Court."