A Christian who was demoted for posting his opposition to gay marriage on Facebook has won a High Court case against his employer for breach of contract.
Adrian Smith, 55, lost his managerial job, his pay was cut by 40 per cent and he got a final written warning from Trafford Housing Trust after posting that gay weddings in church were “an equality too far”.
The comments were not visible to the general public and were posted outside work time, but the trust said he broke its code of conduct by expressing religious or political views which might upset co-workers.
However, Mr Justice Briggs found the postings did not amount to misconduct, and that viewed objectively, they were not judgmental, disrespectful or liable to cause upset or offence, and were expressed in moderate language.
He said he had “real disquiet” about the financial outcome for Mr Smith, whose compensation was limited to £100 — the small difference between his contractual salary and the amount paid to him during the 12 weeks after he took up his lesser role. Had he begun proceedings for unfair dismissal before an employment tribunal he might have expected a substantial sum, the court heard.
The judge said: “Mr Smith was taken to task for doing nothing wrong, suspended and subjected to a disciplinary procedure which wrongly found him guilty of gross misconduct.” The breach of contract was “serious and repudiatory”, he added.
“A conclusion that his damages are limited to less than £100 leaves the uncomfortable feeling that justice has not been done to him in the circumstances.”
Later, Mr Smith said: “I’m pleased to have won. The judge exonerated me and made clear that my comments about marriage were in no way misconduct.” Of his damages award, he said: “That is for technical legal reasons. The judge made it clear he was not able to award me a much larger sum.”
