Ladele v London Borough of Islington [2009] EWCA Civ 1357 (15 December 2009)

Ladele v London Borough of Islington [2009] EWCA Civ 1357 (15 December 2009)

Islington's requirement that all registrars perform civil partnerships was a proportionate means of achieving its legitimate aim of promoting equality and non-discrimination. The actions did not constitute direct or indirect discrimination or harassment under the 2003 Regulations. The 2007 Regulations obliged Islington to require all registrars, including Ms Ladele, to perform civil partnerships, overriding any religious objection in this context. Article 9 ECHR did not entitle Ms Ladele to exemption from performing civil partnerships as part of her public duties.

Citation
[2009] EWCA Civ 1357
Parties
Appellant/claimant: Lillian Ladele; Respondent/defendant: The London Borough of Islington; Intervener: Liberty
Jurisdiction
England and Wales
Judgment Date
15 December 2009
Procedural Posture
Appeal From Employment Appeal Tribunal / Final Appellate Judgment
Outcome
Appeal dismissed
Legal Topics
Discrimination on Grounds of Religion or Belief, Discrimination on Grounds of Sexual Orientation, Harassment, Indirect Discrimination, Direct Discrimination, Freedom of Religion, Public Sector Equality Duty
Employment Law Equality Law Human Rights Law Administrative Law Discrimination on Grounds of Religion or Belief Discrimination on Grounds of Sexual Orientation Harassment Indirect Discrimination +3 more

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Parties

Lillian Ladele

Appellant/claimant

The London Borough of Islington

Respondent/defendant

Liberty

Intervener

Procedural Posture

Appeal From Employment Appeal Tribunal / Final Appellate Judgment

Legal Issues

  1. 1 Whether requiring Ms Ladele to officiate civil partnerships constituted direct or indirect discrimination or harassment on grounds of religion or belief
  2. 2 Whether Islington's actions were a proportionate means of achieving a legitimate aim under the Employment Equality (Religion or Belief) Regulations 2003
  3. 3 Whether the Equality Act (Sexual Orientation) Regulations 2007 obliged Islington to require all registrars to perform civil partnerships

Ratio Decidendi

Islington's requirement that all registrars perform civil partnerships was a proportionate means of achieving its legitimate aim of promoting equality and non-discrimination. The actions did not constitute direct or indirect discrimination or harassment under the 2003 Regulations. The 2007 Regulations obliged Islington to require all registrars, including Ms Ladele, to perform civil partnerships, overriding any religious objection in this context. Article 9 ECHR did not entitle Ms Ladele to exemption from performing civil partnerships as part of her public duties.

Court Disposition

Appeal dismissed

Orders

  • No remission to Employment Tribunal
  • No findings of direct or indirect discrimination or harassment against Islington