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In the case of McFarlane v Relate Avon Ltd the EAT has found that the dismissal of a counsellor who was described as a committed Christian for refusing to work with gay couples is not direct religious discrimination. The dismissal was based on the employee’s refusal to comply with the employer’s equal opportunities policy rather than his Christian beliefs. The dismissal was also found not to amount to indirect discrimination since it was a proportionate means of achieving the legitimate aim of serving the community in a non discriminatory manner. In so doing the EAT was following its previous finding in the case of Ladele, a finding which was subsequently upheld by the Court of Appeal.