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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.
12 Jul 2016
The result of the EU referendum has revealed divisions between different age groups and education levels, with feelings running high...
4 Nov 2015
Employers often make the headlines over their policy on staff wearing a poppy in the workplace. We set out the...
28 Aug 2015
Following a consultation launched by the Government, will employers be able to lawfully compel staff to work additional hours? Lloyd...
29 Jul 2014
We round up an eclectic list of beliefs that claimants have argued constitute “philosophical beliefs” under equality legislation before employment tribunals...
21 Jul 2014
Can a public sector worker's passionate view that his employer should not waste public money count as a "philosophical belief" under discrimination legislation?
30 Jun 2014
Two more employment tribunal decisions, featured in our weekly round-up of tribunal cases in the press, can be added to...
16 Jun 2014
In our increasingly pluralistic society it is inevitable that the beliefs of some will come into conflict with the rights...
20 Jan 2014
The recent coverage of Marks & Spencer’s policy of allowing its members of staff to refuse to serve customers trying...
10 Dec 2013
A Labour party activist has succeeded in having his political views recognised as a philosophical belief under the Equality Act 2010.
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...
15 Feb 2013
The Equality and Human Rights Commission (EHRC) has published new guidance on managing religion and belief in the workplace, in...
26 Nov 2012
The recent case of Redfearn v The United Kingdom, which has in some places been abbreviated as the case of...
12 Sep 2011
While the latest Employment Tribunal Service statistics show that the average tribunal awards for age discrimination claims nearly tripled in...
6 Jul 2011
One of my non-religious employees has been distributing literature at work – and messages on our intranet – promoting an...