R (Amicus) v Secretary of State for Trade and Industry

R. (on the application of Amicus) v Secretary of State for Trade and Industry [2004] EWHC 860 (Admin) is a UK labour law case, where a number of trade unions challenged the government's new implementation of EU Directive 2000/78/EC in the Employment Equality (Sexual Orientation) Regulations 2003.

Various unions, including Amicus, challenged the government's implementation of sexuality discrimination law.

In particular it was asked whether the exceptions created for churches and religious groups, being allowed to exclude gay people from employment was legitimate (r.7(3)).

Richards J held that the implementation was adequate, though it was stressed that the exceptions would be tightly construed.

Fourth, "so as to comply with the doctrines of the religion" would be an objective rather than a subjective test under r 7(3)(b)(ii).