Samizdata

I suspect that we all hear a lot about discrimination by employers against people on the basis of sex, race, disability, religion and age, but there is also under the Equality Act 2010 (all 90,000+ words of it) in Great Britain protection against discrimination on the basis of philosophical belief, or the lack of it. Or rather, you have a means of legal retaliation against your employer.

The main case in this area came from an employee who had a profound belief in ‘man-made climate change’, but a recent legal case involving a Mr Harron has shed a bit more light on the issue. Mr Harron apparently had a problem with his employer, for which he sought legal redress, he had:

a belief (which the Employment Tribunal thought genuine) that public service was improperly wasteful of money

He worked for Dorset Police.

One might think that this sounds like a vegan putting himself on the boning line in a slaughterhouse. However, all we know is that Mr Harron though waste of money improper, not public service. It is not clear from the case how it was (or was alleged) that this belief led to Mr Harron suffering at the hands of his employer. Poor Mr Harron has also had a Tribunal waste public money holding a hearing listening to his case and getting the law wrong, and now he will have to go back and re-argue his case all over again.

At least we do know that in order for a ‘belief’ to qualify for legal ‘protection’, there are 5 criteria to be met.

(i) The belief must be genuinely held.

(ii) It must be a belief and not,… …an opinion or viewpoint based on the present state of information available.

(iii) It must be a belief as to a weighty and substantial aspect of human life and behaviour.

(iv) It must attain a certain level of cogency, seriousness, cohesion and importance.

(v) It must be worthy of respect in a democratic society, be not incompatible with human dignity and not conflict with the fundamental rights of others.”

Note that if your ‘belief’ is evidence-based (or even reason-based, like economics), as per (ii) above, your beliefs are not protected, but if you have a belief in an Flying Spaghetti Monster, your beliefs might be ‘protected’. But sacking a libertarian because he did not believe in climate change would be unlawful as it would relate to the ‘absence’ of a belief, rather than the holding of it.

Of course, no libertarian would be seen dead suing his employer over discrimination, so may we say that those of us of a libertarian bent would not sue if fired or harassed at work for being a libertarian (of whatever shade or degree)? In fact, claims of this sort seem to be quite rare.

For information, membership of a political party per se does not qualify one as holding a ‘philosophical belief’, which is an inadvertent judicial recognition of what is fast becoming the ‘bleeding obvious’ with some parties. And ‘Jedi Knights’ will find that the Force (of the law) is not with them.