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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.


    • Tribunal Watch
    • Belief discrimination
    • Disability discrimination

    Tribunal watch: Holocaust denial not a belief protected by discrimination legislation

    by Stephen Simpson 30 Jun 2014
    by Stephen Simpson 30 Jun 2014

    Two more employment tribunal decisions, featured in our weekly round-up of tribunal cases in the press, can be added to...

    • Belief discrimination
    • Discrimination
    • Race discrimination

    What can employers do if an employee’s rights conflict with another’s beliefs?

    by Emily Gordon Walker 16 Jun 2014
    by Emily Gordon Walker 16 Jun 2014

    In our increasingly pluralistic society it is inevitable that the beliefs of some will come into conflict with the rights...

    • Belief discrimination
    • Religious discrimination
    • Legal opinion

    Accommodating employees’ religious beliefs – should employers follow M&S’s example?

    by Matt Gingell 20 Jan 2014
    by Matt Gingell 20 Jan 2014

    The recent coverage of Marks & Spencer’s policy of allowing its members of staff to refuse to serve customers trying...

    • Belief discrimination
    • Employment law
    • Discrimination

    Labour party activist’s political views accepted as philosophical belief

    by Rob Moss 10 Dec 2013
    by Rob Moss 10 Dec 2013

    A Labour party activist has succeeded in having his political views recognised as a philosophical belief under the Equality Act 2010.

    • Belief discrimination

    Can anti-Semitism count as a ‘philosophical belief’ under the Equality Act 2010?

    by Rob Moss 4 Jul 2013
    by Rob Moss 4 Jul 2013

    An employment tribunal has judged that a teacher’s anti-Semitic views are not protected as a “philosophical belief” under the Equality...

    • Belief discrimination
    • Employment law
    • Equality, diversity and inclusion

    EHRC publishes guidance on religion and belief in the workplace following Eweida ruling

    by John Eccleston 15 Feb 2013
    by John Eccleston 15 Feb 2013

    The Equality and Human Rights Commission (EHRC) has published new guidance on managing religion and belief in the workplace, in...

    • Belief discrimination
    • Equality, diversity and inclusion
    • Opinion

    How philosophical beliefs are protected against discrimination

    by Lee-Anne Crossman 26 Nov 2012
    by Lee-Anne Crossman 26 Nov 2012

    The recent case of Redfearn v The United Kingdom, which has in some places been abbreviated as the case of...

    • Age discrimination
    • Belief discrimination
    • Employment law

    Tribunal awards: which discrimination cases attract the biggest payouts?

    by Laura Chamberlain 12 Sep 2011
    by Laura Chamberlain 12 Sep 2011

    While the latest Employment Tribunal Service statistics show that the average tribunal awards for age discrimination claims nearly tripled in...

    • Belief discrimination
    • Equality, diversity and inclusion
    • Religious discrimination

    Weekly dilemma: Religion or belief discrimination

    by Personnel Today 6 Jul 2011
    by Personnel Today 6 Jul 2011

    One of my non-religious employees has been distributing literature at work – and messages on our intranet – promoting an...

    • Belief discrimination
    • Employment law
    • Equality, diversity and inclusion

    Legal Opinion: Protection of philosophical belief under discrimination law

    by Personnel Today 3 May 2011
    by Personnel Today 3 May 2011

    In early 2011, employment tribunals held that an anti-fox hunting belief and a belief in the higher purpose of public...

    • Age discrimination
    • Belief discrimination
    • Employment law

    Ex-BBC worker can claim belief discrimination for views on broadcaster’s ‘higher purpose’

    by Laura Chamberlain 5 Apr 2011
    by Laura Chamberlain 5 Apr 2011

    An employment tribunal has held that a former BBC employee’s belief in the “higher purpose” of the broadcaster is a...

    • Belief discrimination
    • Employment law
    • Equality, diversity and inclusion

    Protected belief guidelines leave HR baffled

    by Personnel Today 12 Mar 2010
    by Personnel Today 12 Mar 2010

    HR professionals have been left bewildered as to what counts and does not count as a protected belief under the...

    • Belief discrimination
    • Equality, diversity and inclusion

    Equality Bill guidance on protected beliefs ‘confusing’ for employers

    by Personnel Today 10 Mar 2010
    by Personnel Today 10 Mar 2010

    Employers are likely to be left confused as to what counts and does not count as a protected belief under...

    • Belief discrimination
    • Equality, diversity and inclusion
    • Religious discrimination

    Environmentalism meets religion and belief criteria

    by Personnel Today 29 Dec 2009
    by Personnel Today 29 Dec 2009

    Grainger plc v Nicholson, Employmrnt Appeal Tribunal

    • Belief discrimination
    • Equality, diversity and inclusion
    • Religious discrimination

    Legal opinion: Religious and philosophical beliefs

    by Personnel Today 25 Nov 2009
    by Personnel Today 25 Nov 2009

    Two recent EAT decisions have shed some light on what exactly constitutes a philosophical belief.

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