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Belief discrimination

Protection against discrimination in the Equality Act 2010 goes beyond safeguarding employees' religious beliefs to cover “philosophical beliefs” as well. Employees who hold a “philosophical belief” that meets the test set out in case law are protected against direct and indirect belief discrimination, harassment and victimisation because of their belief.

What constitutes a “philosophical belief” under the Equality Act 2010 is a matter of fact in each case. Employment tribunals will apply the test in Grainger plc v Nicholson, in which the Employment Appeal Tribunal (EAT) set out five hurdles that must be jumped for a philosophical belief to come within the Equality Act 2010. The EAT found that a deeply held belief that “mankind is duty-bound to act on catastrophic climate change” was protected under the Equality Act 2010.


    • Belief discrimination
    • Latest News
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    School discriminated against Christian caretaker who tweeted against Pride

    by Rob Moss 3 May 2022
    by Rob Moss 3 May 2022

    An employment tribunal has ruled that a Cambridgeshire school indirectly discriminated against a teacher when it gave him a final written warning.

    • Gender
    • Belief discrimination
    • Latest News

    Philosophical belief: barrister’s tribunal claim against Stonewall begins

    by Ashleigh Webber 26 Apr 2022
    by Ashleigh Webber 26 Apr 2022

    An employment tribunal case involving a barrister who is alleging her chambers and LGBT campaign group Stonewall tried to silence her views on gender has begun.

    • Belief discrimination
    • Latest News
    • LGBT

    EAT hears David Mackereth’s appeal against trans pronouns ruling

    by Rob Moss 29 Mar 2022
    by Rob Moss 29 Mar 2022

    Christian doctor dismissed for refusing to refer to transgender people by their preferred pronouns is appealing a 2019 judgment at the employment tribunal.

    • Belief discrimination
    • Latest News
    • LGBT

    EAT hears appeal of Christian sacked for LGBT education comments on Facebook

    by Rob Moss 28 Feb 2022
    by Rob Moss 28 Feb 2022

    Kristie Higgs, the Christian school worker sacked for Facebook posts raising her concerns about transgenderism and sex education, has her...

    • Gender
    • Belief discrimination
    • Latest News

    Doctor who lost job over transgender pronoun views launches appeal

    by Ashleigh Webber 14 Feb 2022
    by Ashleigh Webber 14 Feb 2022

    A Christian doctor who lost his job after refusing to refer to transgender people by their preferred pronouns is to...

    • General Data Protection Regulation
    • Vaccinations
    • Coronavirus

    Can you reduce contractual sick pay for unvaccinated staff?

    by Jo Moseley 20 Jan 2022
    by Jo Moseley 20 Jan 2022

    As some employers reveal that they have removed contractual sick pay from unvaccinated staff, Joanne Moseley examines the legal risks...

    • Europe
    • Legal sector
    • Associative discrimination

    Technicality sees European court reject ‘gay cake’ appeal

    by Adam McCulloch 6 Jan 2022
    by Adam McCulloch 6 Jan 2022

    The European Court of Human Rights stated that Gareth Lee's 'gay cake' case had failed to exhaust domestic remedies.

    • Shielding
    • Coronavirus
    • Belief discrimination

    Worker who refused to go to work because of Covid fear loses tribunal claim

    by Ashleigh Webber 4 Jan 2022
    by Ashleigh Webber 4 Jan 2022

    An employee who had her wages withheld after she refused to go to work because she feared catching Covid-19 has...

    • Belief discrimination
    • Latest News
    • LGBT

    Gender-critical beliefs: Implications of EAT’s Forstater decision

    by Darren Newman 23 Jun 2021
    by Darren Newman 23 Jun 2021

    The Employment Appeal Tribunal (EAT) has held that the belief that “biological sex is real, important, immutable and not to...

    • Gender
    • Belief discrimination
    • Latest News

    Woman’s transgender views a philosophical belief, EAT rules

    by Ashleigh Webber 10 Jun 2021
    by Ashleigh Webber 10 Jun 2021

    The Employment Appeal Tribunal has found a woman's views on gender constitute a philosophical belief.

    • Belief discrimination
    • Latest News
    • Case law

    Muslim nuclear engineer wins religious discrimination claim

    by Jo Faragher 7 Apr 2021
    by Jo Faragher 7 Apr 2021

    A Muslim engineer has been awarded £3,500 after his colleagues falsely accused him of having extremist Islamic views.

    • General Data Protection Regulation
    • Vaccinations
    • Coronavirus

    No jab, no job? Six Covid vaccination questions for HR

    by Jo Moseley 20 Jan 2021
    by Jo Moseley 20 Jan 2021

    Last week, the owner of Pimlico Plumbers said he wouldn’t offer a job to anyone who hasn’t been vaccinated. Given...

    • Testing
    • Vaccinations
    • Belief discrimination

    Vaccinations: Why employers need to consider religion and belief

    by Esther Langdon 4 Jan 2021
    by Esther Langdon 4 Jan 2021

    Many aspects of the Covid-19 pandemic divide opinion in the workforce, and vaccines are a hot topic at the moment....

    • Retail
    • Belief discrimination
    • Disability discrimination

    Dismissed Lidl worker claims to follow ancient Hellenistic philosophy

    by Adam McCulloch 24 Sep 2020
    by Adam McCulloch 24 Sep 2020

    Stoicism – an ancient philosophy – is a protected characteristic, rules tribunal.

    • Belief discrimination
    • Latest News
    • Case law

    Society launches veganism guidance for employers

    by Rob Moss 18 Feb 2020
    by Rob Moss 18 Feb 2020

    Following last month’s landmark ruling that ethical veganism qualifies as a philosophical belief for the purposes of the Equality Act,...

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