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 in proper use of public money can be philosophical belief
The Employment Appeal Tribunal (EAT) ordered the employment tribunal to reconsider whether or not a claimant’s philosophical belief in the...
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Test yourself: Which non-religious beliefs have been protected by discrimination laws?
We round up an eclectic list of beliefs that claimants have argued constitute “philosophical beliefs” under equality legislation before employment tribunals...
Tribunal watch: Worker argues frustration over wasted public money is philosophical belief
Can a public sector worker's passionate view that his employer should not waste public money count as a "philosophical belief" under discrimination legislation?
Tribunal watch: Holocaust denial not a belief protected by discrimination legislation
Two more employment tribunal decisions, featured in our weekly round-up of tribunal cases in the press, can be added to...
What can employers do if an employee’s rights conflict with another’s beliefs?
In our increasingly pluralistic society it is inevitable that the beliefs of some will come into conflict with the rights...
Accommodating employees’ religious beliefs – should employers follow M&S’s example?
The recent coverage of Marks & Spencer’s policy of allowing its members of staff to refuse to serve customers trying...
Labour party activist’s political views accepted as philosophical belief
A Labour party activist has succeeded in having his political views recognised as a philosophical belief under the Equality Act 2010.
Can anti-Semitism count as a ‘philosophical belief’ under the Equality Act 2010?
An employment tribunal has judged that a teacher’s anti-Semitic views are not protected as a “philosophical belief” under the Equality...
EHRC publishes guidance on religion and belief in the workplace following Eweida ruling
The Equality and Human Rights Commission (EHRC) has published new guidance on managing religion and belief in the workplace, in...
How philosophical beliefs are protected against discrimination
The recent case of Redfearn v The United Kingdom, which has in some places been abbreviated as the case of...
Tribunal awards: which discrimination cases attract the biggest payouts?
While the latest Employment Tribunal Service statistics show that the average tribunal awards for age discrimination claims nearly tripled in...
Weekly dilemma: Religion or belief discrimination
One of my non-religious employees has been distributing literature at work – and messages on our intranet – promoting an...
