McClintock v Department of Constitutional Affairs [2008] IRLR 29, Times 5 December 2007, is a UK employment discrimination law case concerning freedom of religion under Article 9 of the European Convention on Human Rights, unfair dismissal (s.94ff.
The change in the law meant that children needing foster homes could be placed with same-sex couples, and the sex of the parents would not be the sole justifiable reason for declining placement.
McClintock raised objections to sitting on cases where he might have to place children in foster homes with same-sex couples.
He was told by his employer, the Department of Constitutional Affairs (now the Ministry of Justice), that he would not be able to get an exemption from his duties.
Accordingly, not only had there been no engagement of his Art.9 ECHR right to freedom of religion, his dismissal was entirely fair, for misconduct (s.98(2)(b) ERA 1996).