Freedom to employ Christians

A number of CMF members in Christian practices have expressed concern that preferentially employing Christian staff m ay put them at risk of litigation. Our understanding of the current situation is as follows:

1. There are UK laws preventing sex and race discrimination in the employment context but there are no laws currently preventing religious discrimination.
2. As there are no laws, on religious discrimination, 'be bold'. Your medical practice has the benefit of Article 9 of the Convention on Human Rights; this is religious liberty, which includes religious autonomy and the right to associate with who one wishes. There is no counter-veiling human right of access to employment.
3. There are some very complex legal arguments as to whether the Health Authority; or a doctor's practice is a 'public authority' under section 6 of the Human Rights Act on the basis that it receives public funding. The 'jury is still out' on this one as a test case has not yet been brought to court to see how the law should be applied.
4. An EU Employment Rights Directive on sexual orientation and religious discrimination is due to be implemented by December 20 03 (CMF News; July 20 02). It is likely under this that practices with a genuine basis of faith will be exempted from the religious (but not the sexual orientation) rules. We will have to reassess it at the time. Christian practices are strongly advised to ensure that by 2004 they can demonstrate that the practice has a Christian ethos such that it requires all employees and partners to be Christians.