Q: I am a celibate but gay Christian man in that I am attracted to men but have never fully consummated any of these relationships. I am open about my sexuality but also about the fact that I have chosen to be celibate. Anyway I am also a music teacher at a Church of England school and my employers have always known my sexuality and my celibate state and have never appeared to be concerned by it. However after many years of being rather confused (about my lack of activity shall we say) I have decided to take things further and experiment with one special friend. I am enjoying testing my boundaries and have realised my celibacy was actually self enforced due to me being uncomfortable with my sexuality. However it seems that some of the staff room gossips have come to know about my deepening relationship with my special friend and now I have been hauled before the headmaster and told that my new status is not acceptable to the school as it is not in line with Christian values. I have never heard of such hyprocrisy or such blatant homophobia, they always knew I was gay albeit not actively so but I simply can’t understand how my choice to lead a happy and fulfilling gay lifestyle can now be deemed unacceptable when I have always been gay. Help!

A: UK employment law allows religious organisations to discriminate on grounds of religion or belief and in certain circumstances by discriminating against potential or current employees because of their religious or non religious beliefs. As a result it is possible that they may also discriminate, in certain circumstances, because a potential or actual employee’s sexual orientation is not seen as acceptable by the religious doctrine of an organisation.

Although there is no research available at present that details how many organisations have used these exemptions, there is anecdotal evidence that religious organisations have actually discriminated more in terms of employment on the ground of religion or belief, since this legislation was passed. Under the Employment Equality (Sexual Orientation) Regulations 2003 an employer ’so as to comply with the doctrines of the religion’ or ‘to avoid conflicting with the strongly held religious convictions of a significant number of the religion’s followers’ may discriminate against potential applicants for jobs on the grounds of sexual orientation in terms of potential employees. They can also discriminate against current employees in the opportunities which they afford him/her and even discriminate by dismissing a current employee on the grounds of this legal exemption.

In the case of religious schools which have exemptions under the Education and Inspections Act 2006, employers are able to discriminate on perceived moral behaviour of an employee. Whilst you mention that your school is Church of England you do not state if it is a private school as opposed to a state school and therefore a public body. This will affect whether or not you can claim that you are being discriminated against for your sexuality. Under the Human Rights Act it is unlawful for public authorities to act in breach of the European Convention of Human Rights. Article 14 of the ECHR prohibits discrimination on grounds of sex or ‘other status’. The categories of discrimination under ‘other status’ are not closed and have been intepreted to include matters such as sexuality. The guiding principle is that people in similar circumstances should not be treated differently without an objective and reasonable justification for that differential treatment. In some cases, including differential treatment on the grounds of sexuality, such treatment will require the state to advance strong reasons establishing that the measure taken was appropriate. So if you are in a state school (i.e. a public body) and your employer starts to treat you negatively/differently as a result of your sexuality then you have every right to complain of discrimination and take your case against your employer to an employment tribunal. Others in similar situations to you have done this and succeeded. Last year a gay Christian man won a discrimination claim against the Church of England last year and was awarded more than £47,000 in compensation. He took the Hereford Diocesan Board of Finance to an employment tribunal after his appointment to the role of youth worker was blocked on the grounds of his sexuality by the Bishop of Herefore, the Rt Reverend Anthony Priddis. The damages he was awarded not only reflected his loss of earnings but also psychiatric injury.

In my opinion it is wholly unacceptable for anyone to discriminate against another individual on grounds of sexuality, race or gender, however sadly the loopholes in the current law mean that in certain circumstances, it is possible for people to be discriminated against in the name of religion. I hope your situation does not come within this legal loophole and wish you happiness in your burgeoning relationship.Do you have a legal question you’d like answered? Email Ask Ambi