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Divine Equality by Kate Russell
Brought up as I was on Tom Lehrer’s Vatican Rag and Fascinating Aida singing “I fancy the Pope”, it can be easy to see the colourful Vatican Roadshow that issues forth to rally the faithful from time to time as something of a papal entertainment.
We have been a pope-free zone since Pope John Paul’s last visit in 1982. A charismatic character, he’s a hard act to follow. This week Pope Benedict XVI has delivered some tough messages to his congregations saying, “Today, the United Kingdom strives to be a modern and multicultural society. In this challenging enterprise, may it always maintain its respect for those traditional values and cultural expressions that more aggressive forms of secularism no longer value or even tolerate.”
Organisers of the visit are pleased with the way it has gone thus far, though a number of complaints have been made about his remarks seeming to link atheism with Nazis. A spokesperson for the British Humanist Association said, “The notion that it was the atheism of Nazis that led to their extremist and hateful views or that somehow fuels intolerance in Britain today is a terrible libel against those who do not believe in God.”
Belief or no belief, religious issues always raise the emotional temperature. Religious discrimination employment tribunal cases have barely been out of the press during the past year. Only about 1,000 of the 236,000 employment tribunal cases brought from April 2009 to April 2010 included religious discrimination claims, but there has been substantial media coverage. To date they have all been decided in favour of the employer.
The most recent ruling involved committed Christian, Duke Amachree, who was dismissed from his job after suggesting to a terminally-ill woman that she “put her faith in God”. The tribunal found it was reasonable for Wandsworth Council to dismiss Mr Amachree for gross misconduct and found the council had not discriminated against him on the basis of his religion.
Then there was the case of Christian registrar Lillian Ladele, who was dismissed by Islington Council after she refused to conduct civil ceremonies when they were introduced in 2005, because she felt they breached her faith. In March, Ms Ladele was refused the right to appeal. The courts ruled it was fair of the council to dismiss her because it had a duty to provide non-discriminatory services.
A final example involved Gary McFarlane, a counsellor for Relate Avon, who refused to commit to provide psycho-sexual counselling to same-sex couples based on his Christian beliefs that same-sex sexual activity was sinful and that he should not endorse it. Relate offers its services to both same-sex couples and heterosexual couples and the Employment Appeal tribunal found that Mr McFralane had not suffered discrimination on the grounds of his Christian belief.
The key factor in employees losing these cases is that the court has found that the employer usually has a good reason that justifies its actions. Examples of justification for what might otherwise be discriminatory treatment might be: providing a discrimination-free service to users (a counsellor refusing to counsel same-sex couples): an employee becoming seriously hindered in doing his job (a teacher requiring a veil where communication is key to the job) and; it being unlawful to discriminate in the provision of services to the public (a registrar who refused to conduct civil partnership ceremonies). As long as employers have strong justification for their actions, have properly thought matters through and done what they can to accommodate an employee, they will have a reasonable case.
As the Pope continues his visit to London and Birmingham over the next few days, the discussion will no doubt continue. So far the welcome has greatly outweighed the protests and the papal progress has been likened to the atmosphere of a music festival.
Today the Pope will address thousands of schoolchildren in Twickenham at an event celebrating Catholic education. He will then go on to Westminster to deliver his key address to MPs and Peers in Parliament. Then he will finally pray with the Archbishop of Canterbury at Westminster Abbey, the first Pope in its 1,000-year history to do so.
If you have concerns regarding any form of discrimination in your workplace, Russell HR Consulting provides expert knowledge in the practical application of employment law as well as providing employment law training and HR support services. For more information, visit our website at http://www.russellhrconsulting.co.uk.
Russell HR Consulting offers HR services to businesses nationwide, including Buckinghamshire (covering Aylesbury, High Wycombe, Milton Keynes, Bedford, Banbury, Northampton, Towcester and surrounding areas), Nottinghamshire (covering Chesterfield, Mansfield, Nottingham, Sheffield, Worksop and surrounding areas) and Hampshire (covering Aldershot, Basingstoke, Reading, Farnborough, Fareham, Portsmouth, Southampton and surrounding areas).
About the Author
Kate Russell is the MD of Russell HR Consulting Ltd. (and has been the company’s MD since 1998)
Pope John Paul – The Impossible Dream.
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