Workers are protected from discrimination based on religion and philosophical belief (or lack thereof) within the employment sphere. Case law has established that, to be protected, a philosophical belief: must be genuinely held, must not simply be an opinion or viewpoint based on information currently available, must concern a weighty and substantial aspect of human life and behaviour, must also attain a certain level of cogency, seriousness, cohesion and importance, must be worthy of respect in a democratic society and must be compatible with human dignity and not conflict with the fundamental rights of others. The EAT has recently considered whether an employee’s belief in participatory democracy, and that those with the relevant skills, ability and passion should participate in the democratic process, was a protected philosophical belief.

The employee, J, was employed under a contract that required political neutrality. She alleged that she had been dismissed for reasons related to the fact that she had sought permission to stand as a Scottish Labour candidate for the MP of Argyll and Bute. J claimed that she had been unlawfully discriminated against on the ground of her belief that ‘those with the relevant skills, ability and passion should participate in the democratic process, and this was a protected philosophical belief.

The employment tribunal held that J’s belief satisfied the minimum criteria (outlined above) and was therefore a protected philosophical belief and that J had manifested her belief by seeking to stand for election to political office. The employer appealed.

The appeal regarding philosophical belief focused on the tribunal’s assessment of the cogency and cohesion of J’s belief. The EAT held that this criterion was met. A belief that persons should stand for political office if democracy is to thrive is cogent in that it is a reasonable belief that is supportive of and logically connected to a powerful political imperative. It is cohesive in that it fits with other aspects of the employee’s belief system and is capable of rational support, having regard to J’s belief in parliamentary democracy. The EAT dismissed the employer’s appeal and held that J’s belief in participatory democracy – that ‘those with the relevant skills, ability and passion should participate in the democratic process’ was a protected philosophical belief.

Scottish Federation of Housing Associations -v- Jones [2022] EAT 114