Christian counsellor heads to Employment Tribunal over dismissal

A Christian counsellor, solicitor and former church elder took the charity Relate Avon to the Employment Tribunal on Monday after he was dismissed for a perceived failure to comply with Relate’s equal opportunities policy regarding the provision of sex therapy to same sex couples.

Gary McFarlane had been training and worked with Relate since May 2003 and had enjoyed good relationships with clients and colleagues, according to Christian Legal Centre. Within his role as a couple’s counsellor, Mr McFarlane counselled several heterosexual couples and same sex couples. In 2006, he began training in psychosexual therapy, which explores ways to develop and improve a couple’s sex life.

Although Mr McFarlane had never had to provide sex therapy to a same sex couple, he believed he would be able to discuss his Christian views with his supervisors if the need arose so that his position could if necessary be accommodated.

In October 2007, however, Mr McFarlane was asked by his manager to state his views on same sex couples and despite affirming that he would counsel couples in compliance with Relate’s equal opportunities policy, he was suspended in early January 2008.

"Mr McFarlane was given no other choice than to subject his religious faith to the equal opportunities policy," said Andrea Minichiello Williams, Director of Christian Concern for our Nation.

Mr McFarlane’s suspension was lifted a few weeks later, but after returning to work discovered that views expressed privately to his manager had been leaked and that a petition demanding his dismissal was being circulated.

According to the Christian Legal Centre, Mr McFarlane had also been labelled a ‘homophobe’ by colleagues and all of his clients had been referred to different counsellors meaning that he could not complete his sex therapy training for the benefit of the Bristol Community.

Mr McFarlane was summoned to a disciplinary hearing in February and was dismissed on 18 March.

He commented, “I love the community of Bristol. I live in a great city, with a history. There is no room for oppression of any people and a return to the past. The issues are way bigger than one individual. Society will be the poorer if we do not balance rights fairly and respectfully.”

Ms Williams said: “Mr McFarlane had an unblemished record of service for Relate and was trying to work out a way in which his Christian views could be accommodated. It is astonishing to think that in 21st century Britain we are unable to ensure that people like Mr McFarlane are able to stay within the system. Unless, we are able to achieve this in law then there will never be true equality and respect for all.”

Mr McFarlane claims discrimination on the grounds of religion, unfair dismissal and harassment. The Christian Legal Centre, which has supported Mr McFarlane throughout the process, has instructed leading human right’s barrister Paul Diamond to represent him in the case.

The hearing is due to end today.