A Christian who was demoted over Facebook comments opposing gay marriage in churches won a High Court case Friday against his employer for breach of contract.
London’s High Court found in favour of Adrian Smith, a worker at Trafford Housing Trust in Manchester, and awarded him damages, saying he had not been guilty of any misconduct.
Smith lost his managerial status, had his salary cut by 40 percent and was handed a final written warning after posting on Facebook that gay weddings in churches were “an equality too far” and following up with other comments.
Although the remarks were not visible to the public and were posted outside work time, Trafford Housing Trust said Smith had broken its code of conduct by voicing religious or political views that could upset his colleagues.
Judge Michael Briggs ruled that the trust had no right to demote Smith and had breached its contract with him, while the Facebook posts did not constitute misconduct.
Smith was awarded less than £100 in damages but the judge said he could have won far more if he had launched proceedings for unfair dismissal at the employment tribunal.
“The breach of contract which the trust…committed was serious and repudiatory,” Briggs said.
Smith said in a statement after the ruling: “The judge exonerated me and made clear that my comments about marriage were in no way ‘misconduct’.
“My award of damages has been limited to less than £100 — but that is for technical legal reasons.
“But I didn’t do this for the money — I did this because there is an important principle at stake. Britain is a free country where people have freedom of speech, and I am pleased that the judge’s ruling underlines that important principle.”
Matthew Gardiner, chief executive at Trafford Housing Trust, said in a statement that the trust — which still employs Smith — accepted the court’s decision and had apologised to him.
The dispute started in February 2011 when Smith posted on Facebook a BBC News headline saying “Gay church marriages get go ahead”, with the comment “An equality too far”.
A colleague read the remark and asked Smith what he meant, to which he replied: “I don’t understand why people who have no faith and don’t believe in Christ would want to get hitched in church.
“The Bible is quite specific that marriage is for men and women. If the state wants to offer civil marriage to the same sex then that is up to the state; but the state shouldn’t impose its rules on places of faith and conscience.”
It is government policy to introduce full gay marriage with civil ceremonies, but not to allow for gay marriages in religious institutions.
Some critics say the plan could eventually lead to religious groups being legally compelled to perform gay marriages under equality laws.
Rights campaigner Peter Tatchell said in a statement: “This is a victory for free speech and fair play… He is entitled to his view and should never have been demoted.”
Christian wins case on anti-gay marriage Facebook post
