Religious discrimination: Doctor held not to have been discriminated against

In the case of Mackereth v The Department for Work and Pensions and another the Employment Tribunal has held that a Doctor was not discriminated against on the grounds of religious beliefs after he refused to address transgender patients by their preferred pronoun. 

Dr Mackereth claimed in the Birmingham Employment Tribunal that he was dismissed from his role at the Department for Work and Pensions after he said using a transgender individuals’ preferred pronoun and title would conflict with his Christian faith. The Department for Work and Pensions requested that Dr Mackereth comply with the agreed process and noted that if he refused to do so on the grounds of his religious belief then his right to leave his contract would be respected. 

The Employment Tribunal found Dr Mackereth’s objection to transgenderism was incompatible with human dignity and refusal to refer to someone as their preferred pronoun would constitute unlawful discrimination and harassment under the Equality Act 2010. 

Dr Mackereth has made it clear that he intends to appeal the decision.

If you have an questions regarding discrimination please do not hesitate to contact a member of our Employment Team.