Business aid
Samantha Dickinson of local solicitors Dean Wilson LLP answers questions on employment law. This week: Conflicting Rights
Q.Can you update me as to the recent cases where employers have had to balance employees’ religious rights against the rights of gay men and women not to be discriminated against on the grounds of their sexual orientation?
A.The European Court of Human Rights (ECHR) handed down their Judgment in two such cases recently, along with their decision in the case involving the British Airways employee who was told to remove the crucifix that she wore on her necklace. Whilst the British Airways worker won her case, two other individuals who had also applied to the ECHR after they’d been dismissed, were not successful.
One case involved a Christian Registrar who refused to carry out Civil Partnerships on the basis that same sex relationships were contrary her religious belief. Her employers took disciplinary action against her on the grounds that she had breached their Equal Opportunities Policy. In the other case a Relationship Counsellor with Relate was dismissed after he told his employers he wasn’t able to provide sexual counselling (which was part of his job) to same-sex couples because of his religious beliefs. In both cases the employees suggested that their employer could allocate same-sex couples to their colleagues. Their employers disagreed, took disciplinary action and dismissed them.
The ECHR did not interfere with the Judgments of the UK Courts, which had said that both employees had been dismissed not because of their religious beliefs but because their actions were contrary to the employer’s fundamental aim of promoting equal opportunities to all.
Q. My business doesn’t have an Equal Opportunities or Anti-Discrimination Policy because my staff treat everybody equally. This has worked for us so far so surely I don’t need to introduce written Policies and Procedures?
A.It is always beneficial to have a detailed Staff Handbook but at least you should have an Equal Opportunities Policy and
a Disciplinary and Grievance Procedure. Employees can then be in no doubt as to the practices you except them to follow. It could also serve you well should you ever find yourself in an Employment Tribunal as your Equal Opportunities Policy will set out the company’s Anti-discrimination ethos in writing.
If you can prove that you took all reasonable steps to prevent discrimination occurring, you may be able to escape liability altogether.
