Four key points about the European employment directive

Four key points about the
European employment directive

1. Introduction
2. Ending the discretion of religious employers
3. Examples of Possible Problems
4. How the Government will implement the Directive

1. Introduction

The government is consulting on how to implement a new EU employment directive. As with other EU Directives, Parliament must pass its own legislation to put the directive into effect.

The new employment laws will have a major impact on the freedom of Christian organisations to employ believing Christians. The non-Christian faiths will face exactly the same problems when they want to employ people of their own faith.

There are some exceptions in the directive for religious groups. The scope of those exceptions will be decided as a result of a consultation now being conducted by the Department for Trade and Industry (DTI).

The DTI consultation closes at the end of March. Religious groups must respond now. Well-thought out responses will make a difference.

The precise framing of this legislation will determine the extent to which long-standing religious freedoms are preserved.

The threat is real. In Australia the Human Rights Commission has recently ruled that a lesbian gay rights activist should be employed as a teacher in a Roman Catholic Church school.

In the United States secular humanist campaigners and gay rights groups have litigated against religious bodies and youth organisations over their employment policies. This litigation has even extended to unpaid posts. The US Scouts have spent $1 million defending themselves against law suits from gay rights activists who believe that practising homosexuals should have the right to be scoutmasters.

2. Ending the discretion of religious employers

The Government has signed up to a European employment directive which makes it illegal to refuse to employ people on the grounds of disability, age, sexual orientation and religion.

The directive was intended to protect rather than harm religious freedom. If employers discriminate against religious people the new law will protect them. The directive was framed for secular employers. Herein lies the problem. Religious bodies do not fit into a secular mould.

At present religious bodies have complete discretion to decide which posts should be held by believers. Very soon the directive will bring this discretion to an end.

The directive outlaws discrimination by employers on the grounds of religion or sexual orientation. This means there is the real possibility that churches and religious organisations could be forced to employ atheists or practising homosexuals in key positions. Mainstream religious groups could end up in front of an employment tribunal over their employment practices.

The directive clearly allows clergy posts to be protected. The post of a vicar can be reserved for ordained Church of England clergy for example. A mosque can still insist that the job of Imam be held by a Muslim.

But there are very many religious charities which have no ordained staff, yet see themselves as having a strong religious ethos. The exceptions for the ‘non-ordained’ posts is much less clear. It is possible that the post of chief executive, administrator, secretary, or caretaker of a religious organisation will have to be opened up to all-comers.

3. Examples of Possible Problems

The following are some examples of how the employment directive could work in practice:

A church advertises for a “committed Christian” to work as secretary to the minister. In addition to handling administrative work, the secretary will often speak to people on the minister’s behalf. This indirectly involves counselling and communicating Christian teaching on various subjects in informal settings. The only applicant is an experienced and qualified secretary who is also an ardent atheist. The church fears being sued if it rejects the application.
A Catholic Priest advertises for a house-keeper. A homosexual applies for the post. He takes legal action when told his application will not be considered because his lifestyle is incompatible with Catholic teaching.
A Muslim charity for the homeless refuses job applications from non-Muslims. A Hindu applicant takes the matter to an employment tribunal. It rules that, since the work is largely of a practical nature, being Muslim is not a genuine occupational qualification - it is just the preference of the organisation.
A Christian Bible publishing business wants its Christian ethos to permeate all it does. A bright job interview candidate, a regular church-goer, declares that he is ‘openly gay’. If the firm reject him they fear a possible action for discrimination.
A denominational social work organisation requires employees to be committed members of the denomination. A job applicant indicates that he belongs to the denomination but refuses to attend church. When he is rejected, he goes to an employment tribunal alleging discrimination on the grounds of his religious beliefs.
A Christian hospice is established with a pro-life foundation. A member of the medical staff loses his faith and with it, his belief in the pro-life position. He is asked to leave following his decision to join an organisation which campaigns to legalise euthanasia. He sues for religious discrimination.

4. How the Government will implement the Directive

The government proposes to use a statutory instrument to implement the directive. This is proposed instead of a full-scale bill.

Statutory instruments are not subject to the same scrutiny as bills. They cannot be amended. Instead of parliamentary debates stretching over several months, there is only a 90 minute debate. They are presented to parliament on a take-it-or-leave-it basis and are very rarely rejected.

The time-table the government is working to is set out below:

29 March 2002:

Second half of 2002:

First half of 2003:

Consultation ends

Consultation on draft regulations (3 months)

Lay regulations before Parliament

Consultation on draft guidance (3 months)

Publication of guidance

It is very likely that, whatever wording the government chooses, the statutory instrument put forward in 2003 will become law. It is therefore all the more important that Christian groups make an informed and effective contribution to the current consultation.

The Christian Institute