NO DEAL FOR BREXIT BELIEFS: Philosophical Protection Denied
Can Belief in Brexit Be a Protected Philosophical Belief Under the Equality Act 2010?
A recent Employment Tribunal decision in Fairbanks v Change Grow Live has clarified that a belief in Brexit—support for the UK’s departure from the European Union—does not constitute a "philosophical belief" capable of protection under the Equality Act 2010. This decision reinforces the boundaries of what constitutes a protected belief in the workplace and offers important guidance for employers navigating claims a philosophical beliefs.
Background
Mrs. Fairbanks, a former Fleetwood councillor for the UK Independence Party (UKIP), alleged she was harassed and bullied in her workplace due to her pro-Brexit views. She claimed this treatment amounted to discrimination on the basis of a protected philosophical belief under section 10 of the Equality Act 2010.
The tribunal rejected her claim, ruling that her belief in Brexit did not meet the criteria for protection under the Act.
What is a "Philosophical Belief"?
For a belief to qualify as a "philosophical belief" under the Equality Act 2010, it must meet the criteria established in the case of Grainger plc v Nicholson:
Genuineness: The belief must be sincerely held.
Substantial Importance: It must be a weighty and substantial aspect of human life and behaviour.
Cohesion and Seriousness: It must attain a certain level of cogency, seriousness, cohesion, and importance.
Compatibility with Human Dignity: The belief must be worthy of respect in a democratic society, not conflict with fundamental rights, and not seek to harm others.
Distinct from Opinion: It must be more than a mere opinion or viewpoint based on the present state of information.
The tribunal found that Mrs. Fairbanks’ belief in Brexit failed the fifth criterion. While she held her views strongly, they were considered political opinions rather than philosophical beliefs with sufficient depth or coherence to meet the threshold for legal protection.
“This case is a reminder that the boundaries of protection under the Equality Act are not limitless. Employers must tread carefully in balancing the protection of employees’ rights with maintaining workplace harmony.”
Implications of the Judgment
Political Views vs. Philosophical Beliefs
This ruling underscores that political opinions, even deeply held ones, will not automatically qualify as philosophical beliefs. Employers should note that political affiliations or stances on specific policy issues like Brexit do not afford employees protection from workplace discrimination under the Equality Act.Focus on the Grainger Criteria
The decision reaffirms the importance of applying the Grainger criteria to distinguish between beliefs that are protected and those that are not. Employers should ensure their HR teams and managers understand these principles when handling disputes involving alleged discrimination based on belief.Workplace Dynamics and Diversity
While this case clarifies the legal framework, employers should remain mindful of broader obligations to foster an inclusive workplace. Even if an employee’s views are not protected under the Equality Act, employers should encourage respectful dialogue and address bullying or harassment concerns promptly to maintain a positive work environment.Impact on Employment Policies
Employers may wish to review their equality, diversity, and inclusion policies to ensure they adequately address potential conflicts arising from political views or affiliations. Although not legally required, adopting a proactive approach can help de-escalate workplace tensions and reduce the risk of disputes.
What Does This Mean for UK Employers?
We have seen increasing claims for beliefs to be protected in this way, ranging from gender critical views to veganism, and once a judgment is made (often a non-binding one) the headlines attract misinformation and misunderstandings being fostered in the workplace. This can cause confusion and confrontation. This case is a reminder that the boundaries of protection under the Equality Act are not limitless. Employers must tread carefully in balancing the protection of employees’ rights with maintaining workplace harmony.
While views on Brexit may not meet the threshold for a philosophical belief, employers should nonetheless be vigilant in addressing any inappropriate conduct linked to political or ideological differences.
If you have any concerns about managing philosophical beliefs or other discrimination claims in your workplace, our team is here to help. Reach out to us for tailored advice and practical solutions.