header-logo header-logo

26 February 2010 / David Tyme
Issue: 7406 / Categories: Features , Employment
printer mail-detail

Divided we fall

David Tyme reports on a clash of personal belief & official duty

In Ladele v London Borough of Islington the Court of Appeal had to resolve a conflict between the right not to be discriminated against on the grounds of religion or belief, and sexual orientation (see [2009] EWCA CIP 1357, [2009] All ER (D) 148 (Dec)).

Ms Ladele commenced employment with the London Borough of Islington (LBI) in 1992. In November 2002 she became a registrar of births, marriages and deaths and as such held a statutory office.

After the introduction of the Civil Partnership Act 2004 (CPA 2004) on December 5 2005, LBI was obliged to ensure that sufficient registrars were appointed to carry out the function of civil partnership registrars. Ms Ladele, a Christian, held the view that marriage is the union of a man and a woman and therefore was unable to reconcile her faith with her duties which she viewed as enabling same-sex unions contrary to God’s Law.

Prior to CPA 2004 coming into force, Ms Ladele made it

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
back-to-top-scroll