Here is the decision of the President of the Court of Appeal in the Enoch Burke appeal of two High Court decisions in the The Board of Management of Wilson’s Hospital School and Enoch Burke.
This case is not about transgender rights, or about Enoch Burke’s rights to practice his religion or hold religious beliefs.
This case is not about the constitution or constitutional rights.
It is an employment law dispute about the employer’s right to suspend an employee on paid leave pending an investigation.
And when the rights of the pupil, with the agreement of his parents, sought the support of the school with a decision that was arrived at…
The school was therefore presented with a choice: to respond positively or to reject the request. If the request was rejected, it would involve saying that the school would be a cold house for the pupil involved. The school authorities took the position that the pupil would be facilitated, and that the ethos of the school required that this be so