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Joined: 2007/4/25
Posts: 1538
Scotland, UK

 Demoted Christian Wins Facebook Post Ruling

A Christian man demoted for posting his opposition to gay marriage on Facebook has won his breach of contract action against his employers.

Adrian Smith lost his managerial position, had his salary cut by 40%, and was given a final written warning by Trafford Housing Trust (THT) after posting that gay weddings in churches were "an equality too far".

The comments were not visible to the general public, and were posted outside work time, but the trust claimed he broke its code of conduct by expressing religious or political views which might upset co-workers.

Mr Smith brought breach of contract proceedings, saying the trust acted unlawfully in demoting him.

Mr Justice Briggs ruled in his favour at London's High Court saying the trust did not have a right to demote Mr Smith as his Facebook postings did not amount to misconduct, and the demotion imposed by way of purported disciplinary sanction constituted a breach of contract.

Justice Briggs concluded: "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, and then demoted to a non-managerial post with an eventual 40% reduction in salary. The breach of contract which the Trust thereby committed was serious and repudiatory."

Mr Smith said in a statement: "I'm pleased to have won my case for breach of contract today. The judge exonerated me and made clear that my comments about marriage were in no way 'misconduct'.

"Britain is a free country where people have freedom of speech, and I am pleased that the judge's ruling underlines that important principle.

"But this sad case should never have got this far. Long ago, Trafford Housing Trust should have held their hands up and admitted they made a terrible mistake.

"Had they done this then my life would not have been turned upside down and my family and I would not have had to endure a living nightmare."

The Christian Institute, the group that paid for Mr Smith's legal case, welcomed the ruling.

Spokesman Mike Judge said: "This is a good day for free speech. But would Adrian have won his case if marriage had already been redefined? I don't think so. The Government should stop playing politics with marriage, because it's ordinary people like Adrian who'll get it in the neck."

Matthew Gardiner, chief executive at Trafford Housing Trust said: "We fully accept the court's decision and I have made a full and sincere apology to Adrian.

"At the time we believed we were taking the appropriate action following discussions with our employment solicitors and taking into account his previous disciplinary record.

"This case has highlighted the challenges that businesses face with the increased use of social media and we have reviewed our documentation and procedures to avoid a similar situation arising in the future. Adrian remains employed by the Trust and I am pleased this matter has now concluded."

Colin Murray

 2012/11/16 6:34Profile

Joined: 2007/2/8
Posts: 1595

 Re: Demoted Christian Wins Facebook Post Ruling

Hi Murrcolr,
I saw this case today.We are just a step or two away from a confrontation between true Christianity and Sodom and its laws!Its hard to believe that it has come to this even though we know from the word that it would come to this before his coming.
"As it was in the days of Lot"

I am not sure I am up to it though,Lord give me a pure brave heart and a Pure knowledgeable mind so that I can shine for you when trouble arrives,
Yours Staff

 2012/11/16 20:09Profile

Joined: 2004/7/7
Posts: 7497


Posting your opposition to gay relationships is a big one according to some folks. But what about other lifestyle choices your friends make and post about on FB. How do you deal with it? Do you be quiet knowing full well you will be a lone voice in this wilderness and that you will incur the wrath of many? What do you do?

Yes, I am wrestling with this issue. I had emailed this person privately, got no answer...

Sandra Miller

 2012/11/16 20:25Profile


I have a mixed reaction to this. One would say that the brother has secured justice for posting his views regarding marriage. But then tbe brother lives in a democratic nation and has the right to petition for a redress of grievances.

But what of those in other countries? Nations that are hostile to the gospel of Christ? In N. Korea to own a Bible or confess Christ. One is thrown into a death camp. That along with three generations of their family.. A bullet would be far more merciful. In Eritrea, saints are imprisoned in shipping containers for their commitment to Jesus. Many of them die there after two or three years. In Saudis Arabia to profess Christ is an instant prison or death sentence. I could go on.

The brother in question had said if the cut in salary prevailed or he had lost his job. Then his life would have been a living nightmare. Does the brother know anything about the living nightmares saints face in Pakistan, Afghanistan, Iran, Syria, Egypt, etc. This brother can sleep tonight knowing he has a job. But there are countless Christians in restricted nations who have lost jobs, homes, loved ones, and even tbeir lives in following Jesus.

We in western nations must distinguish between freedom of religion and freedom in Christ. Freedom of religion is a political term guaranteed in western democracies. Often in political documents. The thing is freedom of religion can be changed when the government of a nation change. Communist takeover of nations have borne witness of this. Also freedom of religion is not guaranteed by God. I want to repeat this again. Freedom of religion is not guaranteed by God. Nowhere is such a phrase found in tbe scriptures.

But then there is freedom in Christ. This is promised in tbe New Testament. This is an inward working of tbe gospel. This is what the persecuted understand. Though they lack freedom of religion. They do have tbe freedom of Christ. This is what enables them to endure their sufferings for Christ.

With the onset of persecution coming to the west. We need to stop clinging to the notion of freedom of religion. We need to start grasping the reality of freedom in Christ.

Posted by Bearmaster.

 2012/11/16 21:42

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