Bristol counsellor 'wrongfully dismissed' after row over gay sex advice

A relationship counsellor from Bristol fired after raising concerns about offering sexual advice to gay couples was wrongfully dismissed, an employment tribunal has ruled.

But Gary McFarlane, from Hanham, was not subjected to religious discrimination after he told bosses at relationship charity Relate that it was against his Christian beliefs to offer psycho-sexual therapy to same-sex couples.

Mr McFarlane, 47, took his former employers to a tribunal last month and claimed wrongful dismissal, unfair dismissal and discrimination on the grounds of religion.

The tribunal panel, which published its judgement yesterday, dismissed Mr McFarlane's claims of unlawful discrimination and his claim of unfair dismissal, but upheld his claim of wrongful dismissal.

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The panel will announce what action it will take against Relate in relation to the wrongful dismissal verdict at a later date.

Mr McFarlane, a solicitor and former church elder, was sacked from the Avon branch of Relate after he told his manager the Bible forbade homosexual activity and it was his duty to follow the book's teachings and not give gay couples intimate sexual advice.

But the father-of-two told the tribunal he was happy to work with homosexual couples in relationship therapy, which dealt more with emotional issues.

Mr McFarlane, who started training with Relate in May 2003, was suspended in October 2007 but reinstated in January 2008 after the charity said he had agreed to abide by an equal opportunities policy.

He claimed he then became the victim of a hate campaign after a letter was circulated around the centre which labelled him a homophobe and called for him to go.

Following a further disciplinary hearing, after Mr McFarlane reiterated his earlier stance, he was dismissed on March 18, 2008.

Last month's hearing was told that Mr McFarlane had enjoyed good relationships with clients and colleagues before he was suspended.

In an e-mail justifying his views he said he felt the issue was on a parallel with NHS doctors who opposed carrying out abortions for religious reasons.

Mr McFarlane claimed he had then become the victim of a whispering campaign after a letter was circulated around the centre which labelled him a homophobe.

Avon Relate manager Michael Bennett had told the hearing that Mr McFarlane's stance put him at odds with the charity's equal opportunities policy, saying there could be no clear distinction between same-sex couples having relationship counselling and the need for sexual therapy.

He denied that there had been a breach of confidentiality which had led to the homophobia rumours.

During the hearing Relate's counsel Keith Knight had accepted that Mr McFarlane's actions in expressing his opinion on gay sex did not amount to gross misconduct and the charity should therefore have given him notice to leave after deciding they had lost trust and confidence in his ability.

Mr McFarlane is a former clinical negligence lawyer and church elder and now works as a law mediator in London.