Religious beliefs and the rights of the LGBTQA+
We have seen some pretty high-profile clashes between the rights of those holding religious beliefs and the rights of the LGBTQA+ community. An employment tribunal has recently considered whether a doctor’s religious beliefs take precedence over the right of a transgender individual to be addressed by their chosen pronoun (she, he, they).
Under article 9 of the European Convention on Human Rights people have the right to freedom of thought, conscience and religion. This right is limited if necessary, to protect the rights and freedoms of others.
In Mackereth v DWP, the employee, a doctor, was a Christian. He opposes transgenderism as he believes that God creates people as men or women. He believes that, as a doctor, it would be irresponsible for him to accommodate or encourage transgenderism. He was recruited as a Health and Disabilities Assessor by the DWP. He refused to agree to the DWP’s rules around respect for transgender service users’ desired pronouns and was dismissed as a consequence. He brought claims for discrimination.
The employment tribunal said his Christian beliefs were protected under the Equality Act 2010, but his beliefs regarding transgenderism were not. Those beliefs were incompatible with human dignity and were in conflict with the fundamental rights of transgender people. The tribunal also held that refusing to address someone by their preferred pronoun was discriminatory under the Equality Act 2010. The tribunal found that any employee that refused to do this, irrespective of their beliefs, would have been treated in the same way by the DWP.
The doctor has indicated he is intending to appeal the decision. The employment judge in this case accepted that the doctor didn’t want to offend anyone, even though he knew that his views would have that effect. This case shows the difficulties that can arise in balancing the conflicting rights of employees. A well-drafted and properly implemented equal opportunities policy is a good starting point.
For help drafting and reviewing your policies contact Kimberley Clayton on [email protected] or call 01473 298168.
