Disciplinary Action Was Not Discriminatory Following Chaplain's Controversial Sermon
An Employment Tribunal has found that a College was entitled to object to the way its former Chaplain manifested his beliefs, following a sermon he delivered in the College chapel.
What Was the Background to the Claim?
In the case of Randall v Trent College Ltd, Mr Randall was employed as the Chaplain at an Anglican independent school. Mr Randall is a Christian. He also holds gender critical beliefs, believes that marriage is a union between men and women, and considers that sexual activity occurring outside of marriage is morally wrong.
As an independent school, the College is bound by the Education (Independent School Standards) Regulations 2014 (the ISSRs). The ISSRs include standards about respecting other people, including those with different faiths and beliefs, and those with different protected characteristics. The Guidance that accompanies the ISSRs provides that schools (including faith schools) cannot encourage pupils not to respect other people on the basis of a protected characteristic.
The College's equal opportunities policy addresses the importance of respecting all protected characteristic, including in chapel.
What Were the Controversial Sermons?
In 2016, Mr Randall delivered two sermons about same sex marriage and homosexuality. He delivered the sermons having become aware that the College was looking for ways to ensure that LGBT+ members of its community felt safe and supported. The sermons included messaging around marriage only being between a man and a woman, and that homosexuality is sinful unless homosexuals remain celibate. The sermons prompted complaints from staff, pupils and parents. The College sought to support Mr Randall in understanding the impact of his sermons to pupils and staff. It also issued management advice to Mr Randall. He was told not to address those issues in sermons, on the basis they would be better tackled in the classroom environment which allowed for conversation and debate.
Towards the end of the 2017/18 academic year, the College adopted the 'Educate and Celebrate' programme, which is an Ofsted and DfE recognised programme aimed at tackling homophobic and transphobic bullying in schools. Mr Randall expressed concerns about the programme, and subsequently delivered a sermon in which he told pupils that they did not have to accept the ideas and ideologies of LGBT activists.
Mr Randall was disciplined following the sermon and was later made redundant. He brought claims of religion or belief discrimination, harassment and unfair dismissal.
What Did the Tribunal Decide?
The Tribunal recognised the statutory framework in which the College operates as an independent school. It also recognised the value of the guidance, policies and procedures in place to safeguard pupils, and to encourage the respect of other people with different protected characteristics.
The Tribunal found that Mr Randall had not been treated in the way he had because of his beliefs, but because of the way he expressed them. The College had been justified in objecting to Mr Randall's sermons. Further, Mr Randall's subsequent dismissal for redundancy was fair. The Tribunal rejected all of Mr Randall's claims.
What Can Schools Learn from this Decision?
This is a first instance decision, so it is not binding on other Tribunals. However, it follows a line of recent case law that distinguishes between holding protected beliefs, and manifesting them. The case is a reminder for school employers that in a pluralist society, staff may inevitably hold clashing protected beliefs. The key issue for schools is to ensure that such beliefs are not expressed in a way that undermines the rights of others.