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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.
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...
3 May 2011
In early 2011, employment tribunals held that an anti-fox hunting belief and a belief in the higher purpose of public...
5 Apr 2011
An employment tribunal has held that a former BBC employee’s belief in the “higher purpose” of the broadcaster is a...
12 Mar 2010
HR professionals have been left bewildered as to what counts and does not count as a protected belief under the...
10 Mar 2010
Employers are likely to be left confused as to what counts and does not count as a protected belief under...
29 Dec 2009
Grainger plc v Nicholson, Employmrnt Appeal Tribunal
25 Nov 2009
Two recent EAT decisions have shed some light on what exactly constitutes a philosophical belief.
25 Nov 2009
A police employee who alleged he was sacked for believing psychics could solve crimes was not discriminated against, a tribunal...
19 Nov 2009
A former Greater Manchester Police officer has won a landmark case which says his spiritualist beliefs should be counted as...