Even though the Government has backed down from a confrontation
with religious leaders over proposed changes to the Equality Bill,
the law still offers considerable protection, according to a
Birmingham lawyer.
The row centred on proposed amendments to the Equality Bill,
which the Pope said would force the Catholic Church to employ
homosexuals or trans-sexuals. This, he claimed, would be a
violation of natural law.
The controversial clause, which was struck out of the
legislation during committee stage in the House of Lords last week,
would have included a new definition of a priest but church leaders
claimed it was far too narrow.However, Imogen Noons, an associate
in the employment department at the Birmingham office of DLA Piper,
said she had never believed the equality row over who churches can
employ was likely to get out of hand.
But, she pointed out, although there are still more than
adequate safeguards in both existing legislation and the wording of
the proposed Bill, there was nevertheless the potential for high
profile "cause celebre" cases.
Her comments came as DLA Piper prepares to launch a series of
employment and pension law seminars, with equality one of the areas
up for discussion.
The furore was created by elements of the Equality Bill, which
is currently going through Parliament.
Pope Benedict highlighted his concerns while confirming he would
make the first papal visit to Britain since 1982, probably in
September this year.
The church, which remains at odds with the Government on gay
adoption, said that as well as being forced to employ homosexuals
and trans-sexuals it might have to employ teachers who did not
believe in God.
It remains the case that churches are exempt from discrimination
legislation when appointing priests and other "religious" posts,
but that they must comply with its terms for "non-religious" jobs,
such as youth workers or accountants.
The Equality Bill had sought to clarify, rather than change the
position as, though enshrined in law since 2003, it has been widely
ignored.
This means the law will remain as it is.
Ms Noons said: "I can foresee some high profile cases being
thrown up in the courts.
"But I don't believe the worst fears of the Pope and others are
likely to materialise.
"There are clearly controversial issues concerning the church
and homosexuality, but, when it comes to something like teaching,
why would anyone want to apply for a job in a Catholic school who
fundamentally disagreed with the Catholic faith? Furthermore the
school would still be entitled to stipulate that they had to teach
in accordance with the beliefs of the church
"I do not believe the Act, assuming it passes into law, will
have as great an effect on employment law generally as everyone
seems to think it will. A lot of the Act is an attempt to codify
the existing legislation."
Royal Assent is expected by the spring.
The Equality seminar takes place at DLA Piper's Birmingham
office on April 29 and the series starts on February 18 with a
discussion about the rights of agency workers, the self-employed
and contractors.
It is being headed by Jon Bowen and Robert Forsyth.
Mr Bowen highlighted the prospect for tribunal cases where
companies got it wrong - unfair dismissal rulings can now cost
business £65,300.
He said: "This is an area where the law is changing all the time
and employers need to be very aware."