header-logo header-logo

A false understanding

29 November 2007 / Richard Leiper
Issue: 7299 / Categories: Features , Discrimination , Employment
printer mail-detail

The EAT has identified three elements to a successful claim of indirect discrimination, says Richard Leiper

T he recent case of McClintock v Department for Constitutional Affairs UKEAT/0223/07, [2007] All ER (D) 25 (Nov) suggests that an employee may not rely upon his religious or philosophical beliefs to discriminate against others.

Andrew McClintock is a practising Christian and a justice of the peace. He had been a member of the family panel and so was involved in the placing of children. As a result of the Civil Partnership Act 2004 (CPA 2004), same-sex couples are to be treated in the same way as heterosexual couples. In anticipation of this change, McClintock sought an exception from his duty to officiate in such cases. He had not appreciated that individual homosexuals, including those in same-sex relationships, had been entitled to adopt or foster children before the changes made by CPA 2004. The change made by the legislation was that same-sex couples can now take joint responsibility.
The Department for Constitutional Affairs (DCA) refused to grant McClintock

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

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll