Newsletter – May 2008

Registrar refuses to officiate at civil partnership ceremonies and lodges religious discrimination claim

A civil registrar who refuses to officiate at partnerships between same-sex couples, claiming that it is “sinful” and against her religion, has brought a legal case that could have implications for ceremonies conducted throughout the country. The official, Lillian Ladele, a Christian, claims that “as a matter of religious conscience” she could not perform civil partnerships for gay couples. She has accused Islington council, in North London, of religious discrimination and victimisation because it asked her to perform the ceremonies as part of her £31,000-a-year job.

Her case, which has angered gay rights groups, could affect councils throughout the country. It is expected to lead to a landmark ruling over whether employees can be required to act against their consciences. More than 18,000 same-sex ceremonies are performed each year under the Civil Partnership Act, which came into force in December 2005. And more than 600 gay couples have had civil partnership ceremonies in Islington, making it Britain’s third-most popular borough for the service.

Ms Ladele says that Islington Council is forcing her to choose between her beliefs and keeping her job by requiring her to undertake civil partnership duties. In the first part of the tribunal hearing last week, she said:-

“I hold the orthodox Christian view that marriage is the union of one man and one woman for life to the exclusion of all others and that this is the God-ordained place for sexual relations. It creates a problem for any Christian if they are expected to do or condone something that they see as sinful. I feel unable to facilitate directly the formation of a union that I sincerely believe is contrary to God’s law.”

Ben Summerskill, of the gay rights group Stonewall, said that public servants were paid to “uphold the law of the land” and could not discriminate. “Doubtless there were those 40 years ago who claimed a moral objection to mixed marriages between those of different ethnic origin,” he said. Islington Council denies religious discrimination or victimisation, and claims that Ms Ladele’s stance breaches both its dignity-for-all policy and its code of conduct for employees. We will keep you informed about this landmark case.

Agency workers to get equal rights

Temporary and agency workers will receive the same rights as permanent staff after 12 weeks under an agreement last week between the government, the CBI and the TUC. Campaigners say the deal, which is the culmination of a lengthy dispute between employers and unions, would achieve the twin objectives of 'flexibility for British employers and fairness for workers.' After 12 weeks in work, temporary and agency workers will qualify for the same pro-rata pay and conditions as full-time workers. The TUC said the deal represented a breakthrough after six years of deadlock and paves the way for a European Directive to deliver equal treatment rights for agency workers after the qualifying period. TUC general secretary Brendan Barber said the agreement 'is a victory for union campaigning. The issue of agency workers has been crying out for attention for far too long. Too many agency workers in the UK face unfair treatment and injustice. The agreement now opens the door to the much stronger legal protection that agency workers deserve, as our Commission on Vulnerable Employment so graphically highlighted.'

Autumn legal right to request training - Government provide more details

The Government has just released further information about its plans to introduce a statutory right for employees to request time off for training. It has been confirmed that employers will be legally obliged to seriously consider requests for training, but could refuse a request where there was a good business reason to do so. Employers will also not be obliged to meet the salary or training costs to enable a request for time to train, but the Government would expect many to do so, “recognising the opportunity to invest in their business”. The right to request time to train will form part of the Education and Skills Bill, due to be introduced to parliament this autumn. It means:-

• Employees can ask their employer for time to train, where the training will benefit both them and the employer;
• The practical arrangements which employers would follow would be modelled on the existing right to request flexible working, with which many employers are by now familiar;
• Requests do not have to be about accredited programmes, but might simply be for short, unaccredited training;
• There will be no requirements on employers where an employee was recruited less than 26 weeks previously;
• Employers agreeing a request can agree to meet the employee’s salary during the training if they wish, but they are not obliged to do so if it is ‘off the job’ training;
• Employers agreeing a request can organise the training if they wish, and indeed pay for it, but there is no obligation to do so and work-based training would count as ‘time to train’; and
• Alternatively the employee may arrange their own training, perhaps through a local college, and the employer would not be expected to pay towards this if they did not wish to do so.

Office worker wins harassment claim after manager constantly broke wind in her direction

A bullied office worker has been awarded £5,000 after her boss consistently raised his right buttock from his chair and broke wind in her direction. Theresa Bailey, 43, was the only woman on a sales team where "laddish" behaviour made her life a misery, and continued despite complaints to senior managers. After she objected to sexist banter a beach ball was thrown at her head - and when she had problems working her computer, she was ordered to wear a badge saying "I'm simple". Two weeks ago an employment tribunal ruled that Mrs Bailey was sexually discriminated against while working for direct marketing firm Selectabase, in Deal, Kent, and awarded her £5,146.The tribunal heard that Mrs Bailey had joined the firm as a telesales account manager in July of last year - but that the treatment she received was so bad she felt she had no option but to leave by September. There was a general culture of "laddish" behaviour by men in her office, she said - with her line manager David Nye included. She said he regularly "lifted his right cheek" and broke wind in her direction throughout her brief time at the firm. Mrs Bailey said colleagues leered at female passers-by and joked that women couldn't park cars. And when she complained about the state of the communal lavatories, Mr Nye sent an e-mail to a colleague that said: "That's why we don't employ women". Mrs Bailey, who previously worked for Kent County Council for eight years and for Next the fashion store, said that she had never experienced such treatment at any other company - but that it had been an extremely difficult decision to leave.

New anti-discrimination website launched

Advice Now, a project of Advice Services Alliance, has launched a website to help individuals recognise discrimination and help them take action to deal with it. Click here for link to www.isthatdiscrimination.org.uk

Ten million people will work from home - 2018 Forecast

Within a decade ten million workers will be at home juggling their careers with caring for children and older relatives, the Chartered Management Institute (CMI) has forecast. Futurologists are predicting there will be less talk about 'work-life balance' and more about 'work-life integration.' CMI's report on the nature of employment in 2018 predicts an exodus from the traditional workplace caused partly by environmental pressure to reduce the carbon footprint of commuting and partly by the demographic pressure of an ageing population, with fewer employees able to avoid looking after older relatives, leading to a blurring of boundaries between family and career. The report said there would be a proliferation of 'virtual' companies, often small community-based enterprises without conventional business premises. CMI's Mary Chapman said:

'A greater degree of emotional intelligence will be required by managers and leaders so they can understand how people work and their likely reaction to change. They will also need to shift from today's input-driven approach to a focus on output, achievement and a better integration between work and personal lives.'