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

The Holocaust memorial, Berlin. REX/WestEnd61

Two more employment tribunal decisions, featured in our weekly round-up of tribunal cases in the press, can be added to the growing case law on what constitutes a “philosophical belief” under the Equality Act 2010.

They include a claimant’s failed argument that his beliefs that the Holocaust did not happen and also that homosexuality is “contrary to God’s law and nature” should be protected under the Equality Act 2010.

Homophobic and anti-Semitic views not philosophical beliefs under Equality Act 2010 In Ellis v Parmagan Ltd, the employment tribunal refused to allow the concept of a “philosophical belief” under the Equality Act 2010 to be extended to protect the claimant’s views that “homosexuality is contrary to God’s law and nature” and “no Jewish people were killed by the use of poison gas in concentration camps during the Second World War”.

Commitment to public service can be a philosophical belief under Equality Act 2010 In Anderson v Chesterfield High School, the employment tribunal held that the belief in the importance of public service held by an individual who became the mayor of Liverpool is a “philosophical belief” under the Equality Act 2010.

Other tribunal decisions in the headlines

Dudley school workers lose claim against council for equal pay A quartet of Dudley school workers have lost legal claims involving thousands of pounds for equal pay, according to the Dudley News.

Fife Council education chief accused of lacking credibility during employment tribunal Fife Council’s area education officer has been criticised for his evidence to an employment tribunal in which a teacher was awarded more than £28,000 for disability discrimination, says the Scottish Courier.

“Lesbian” remark teacher in €7,500 discrimination award A teacher who was put on leave after a remark to students that he was “a lesbian trapped in a man’s body” has been awarded €7,500 by the Labour Court, reports the Limerick Leader.

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