A Christian mental health worker in the UK who was fired for distributing pro-life leaflets at work is to sue the NHS accusing it of having a “dangerously totalitarian” approach to the issue.
Margaret Forrester (pictured) was dismissed for “gross professional misconduct” after she gave a colleague a booklet pointing out the physical and psychological damage suffered by some women after undergoing an abortion.
She was told that the booklet, which contained the testimonies of women who regretted their abortions, could amount to “offensive” material, the Daily Telegraph reports.
Earlier this week Mrs Forrester initiated a High Court claim against the NHS based on breaches of the Human Rights Act 1998 and the European Convention on Human Rights.
In conjunction with the Thomas More Legal Centre, which provides legal assistance to those taking cases on the basis of conscience rights, she is arguing that the NHS breached her rights under the Articles 9 (Freedom of Religion) Article 10 (Freedom of Speech) and Article 14 (Freedom from Discrimination) of the Convention.
In a statement, the Centre said that the giving of this booklet to a colleague “was not objected to by the colleague and was not in breach of any NHS rule or Code of Conduct”.
The statement added: “At no point in the disciplinary process was it ever suggested that the person who was given the booklet or indeed anyone else had in fact found it offensive. The booklet did not contain any graphic images and was not given to a patient.”
It added that the charge that Mrs Forrester “distributed materials that individuals may find offensive” was “an extraordinarily vague charge”.
Mrs Forrester, a Catholic, was disciplined after an informal conversation with a colleague in which she discussed her views on abortion while working as a “psychological wellbeing practitioner”.
She was worried that women seeking medical advice were routinely offered abortions without fully considering other options, and passed the colleague a booklet.
A week later she was summoned for a meeting in which she was “interrogated” over her views before being suspended, papers lodged at the High Court say.
She was moved to other duties in what her lawyers say was a “punishment posting” and later went off work with stress.
When she was questioned during disciplinary proceedings she said she did not regret giving her colleague the leaflet and was accused of insubordination, according to her legal challenge.
She was told during the disciplinary proceedings that part of the problem with the booklet was that it was “religious in tone”, according to Mrs Forrester’s legal papers.
The ultimate reason for her dismissal was her refusal to work in a new role in a different mental health team, which her lawyers say involved demeaning tasks.
A spokesman for the Thomas More Legal Centre said: “The attitude of the NHS in the Margaret Forrester case is not only harmful to its employees.
“By limiting free discussion of the experiences of patients who have had Abortions or any other type of medical treatment the NHS is harming the interests of patients.
“If abortion is as problem-free as the NHS claims then there should be no objection to the subject being discussed amongst health service professionals. If the NHS is not willing to allow the effects of abortion to be discussed by NHS staff it raises a real question as to what the NHS is afraid of.”
He added: “If employees of the NHS cannot even discuss the subject of abortion with their colleagues then this means that the NHS has become a dangerously totalitarian organisation with no regard for freedom or diversity.”
A spokesperson for Central and North West London NHS Foundation Trust said: “Given the existence of ongoing proceedings it is not appropriate for us to comment in detail.
“The Trust thoroughly disputes these allegations and will continue to defend its position vigorously. We are confident that we will be able to successfully defend these claims.”
Mrs Forrester is currently challenging her sacking in separate employment tribunal case which is not due to be heard until later this year.