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DISCRIMINATION LAW: Managing competing workplace rights

03 July 2015  

Catherine McGrath sets out recent case law on the conflict between sexual orientation and religious rights at work

On 19 May 2015 the Northern Ireland County Court handed down its judgment in Lee v Ashers Baking Co Ltd [2015]. Over the water on 4 June 2015, the Watford Employment Tribunal gave its decision in Mbuyi v Newpark Childcare (Shepherds Bush) Ltd [2015]. These are the latest in a line of cases which have been characterised as pitting sexual orientation and religious rights against one another. For employers, they have returned to the spotlight the significant potential for these rights to clash in the workplace. This article considers how the courts have dealt with these competing rights and how employers should best approach any conflict situation.

Additional Info

  • Case(s) Referenced:

    Bull v Hall [2013] UKSC 73

    Ladele v London Borough of Islington [2009] EWCA Civ 1357

    Lee v Ashers Baking Co Ltd & ors [2015] NICty 2

    Mbuyi v Newpark Childcare (Shepherds Bush) Ltd ET/3300656/14

    McFarlane v Relate Avon Ltd [2009] UKEAT/0106/09