Tuesday 22 February 2022

Another 'Can't Everyone Lose?' Case Here...

A Christian doctor who was sacked because he refused to refer to transgender people by their chosen sex or 'call any 6ft tall bearded man madam' will take his fight to the High Court.

And I expect he'll lose. Because when you work for someone, you call the client whatever your employers wants them to be called. 

Or you find another job. 

Dr Mackereth, an A&E doctor with 28 years' experience, was sacked as a medical assessor for the Department of Work and Pensions in 2018 after refusing to identify clients by their chosen gender instead of their biological sex.

And he thinks that he can claim victimhood: 

In July 2019, supported by the Christian Legal Centre, he took his case to an Employment Tribunal in Birmingham claiming harassment and discrimination based on his Christian beliefs.
He claimed his employer had breached his right to freedom of thought, conscience and religion.

But, not content with telling him 'No, it's in your contract that you abide by the rules of your employer', the panel decided to go further: 

But a panel condemned his view of what it means to be male and female as 'incompatible with human dignity'.
The tribunal 'found that his beliefs were likely to cause offence and have the effect of violating a transgender person's dignity or creating a proscribed environment, or subjecting a transgender person to less favourable treatment'.

Which is utter round objects. All they needed to do was say 'You're free to believe whatever you want but in work time, you put on your work face and do as your employer asks'. 

But there may be a get-out clause he can use: 

As well as claiming religious discrimination, Dr Mackereth said no effort was made to accommodate his beliefs, such as referring transgender clients at Birmingham's Five Ways assessment centre to another doctor.

If supermarkets let Muslim checkout operators refuse to serve alcohol and bacon, and pharmacists refuse to dispense birth control pills, then they should have granted his request, shouldn't they? 

7 comments:

Stonyground said...

The Christian Legal Centre has a long track record taking people to court and losing. They usually base their case on a kind of fantasy version of what happened so that once all the facts are aired they lose.

Mudplugger said...

Re: Stonyground

Just like all religions do all the time, "They usually base their case on a kind of fantasy version of what happened so that once all the facts are aired they lose."
Could we expect them to change their standard modus operandi just because it's a fact-based tribunal? Stick to the myths, fantasies and fairy-tales, it's worked with the hard-of-thinking for millennia.

Bucko said...

"after refusing to identify clients by their chosen gender"

I bet he never met a single transgender person and never had to refuse this specifically when dealing with a client, but just said in some meeting or other, 'Yep, I'm not doing that'.

Then got fired on behalf of people who didn't ask for it and largely couldn't care less

Greencoat said...

'If supermarkets let Muslim checkout operators refuse to serve alcohol and bacon, and pharmacists refuse to dispense birth control pills, then they should have granted his request, shouldn't they?’

Because Dr Mackereth is an Englishman in England speaking common sense, while they…..

Robert the Biker said...

Just play the tossers at their own game, "sorry, did you just assume my species? I identify as a giant anteater". Then flick your tongue in and out rapidly, that REALLY winds the shitheads up

Frank said...

"All they needed to do was say 'You're free to believe whatever you want but in work time, you put on your work face and do as your employer asks'. "

Does that include lying for your employer?
"Just tell the police I was here all day."
"Don't tell my wife I'm taking my mistress with me on this business trip"
That sort of thing? Or is it just lying about science that's OK?

JuliaM said...

"... a long track record taking people to court and losing."

Almost as bad as Jolyon's..?

"I bet he never met a single transgender person and never had to refuse this specifically when dealing with a client, but just said in some meeting or other, 'Yep, I'm not doing that'."

I bet you're not wrong!

"Just play the tossers at their own game, "sorry, did you just assume my species? I identify as a giant anteater". Then flick your tongue in and out rapidly, that REALLY winds the shitheads up"

I like your style... 😉

"Does that include lying for your employer?"

Don't we all lie for our employer? "Yes, sorry, but the Internet's playing up here, it'll be in your account soon."