Judge clarifies law on religious discrimination

Seven TUC-backed unions have lost their High Court challenge to the Employment Equality (Sexual Orientation) Regulations 2003.

The unions claimed that the new gay civil rights law, designed to outlaw discrimination at work on grounds of sexual orientation, excludes same-sex couples from pension benefits.

In addition, they said, the law fails to protect employees from discrimination by "faith-based employers". The regulations say it is illegal to discriminate on grounds of sexual orientation unless an employer can prove that having a gay or lesbian employee would be against its religious beliefs.

Rejecting the case, Mr Justice Richards, said: "To treat the regulations as reducing the level of protection seems to me to require a distorted view of their effect."

However, the ruling made it clear that the scope for discrimination by religious organisations is very narrow. Teachers at faith schools, for example, cannot be sacked for being lesbian or gay.

Doug McAvoy, general secretary of the NUT teachers' union, said the ruling "puts an end to the uncertainty and confusion which has surrounded the meaning of the regulation."

He added: "It should prevent overzealous and misinformed interpretation of the regulation that has been suggested and which caused concern to teachers in faith schools."