Political beliefs at work: What employers need to know

The Employment Appeal Tribunal (EAT) has confirmed in the case of Miller v University of Bristol that political beliefs can qualify as a protected characteristic under the Equality Act 2010.

However, that does not give employees a free pass to express those beliefs however they wish. Where the manner of expression causes legitimate concern, employers can still take disciplinary action, provided it is proportionate.

Political beliefs as a protected characteristic

Dr Miller was a professor at the University of Bristol. In February 2021, he made public statements expressing his belief that political Zionism ought to be opposed as it was inherently racist, imperialistic and colonial. He also criticised Jewish students and student societies, describing them as political pawns.

The University dismissed him for gross misconduct in October 2021. Dr Miller claimed that his dismissal was unfair and constituted direct discrimination due to his protected beliefs.

When are political beliefs protected under the Equality Act 2010?

Under section 10 of the Equality Act 2010, a "belief" includes any religious or philosophical belief. For a belief to qualify as a protected characteristic, it must satisfy the Grainger criteria:

• The belief must be genuinely held.

• It must be a belief, not merely an opinion or viewpoint based on the present state of information available.

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

• It must attain a certain level of cogency, seriousness, cohesion and importance.

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

What did the Employment Appeal Tribunal decide in Miller v University of Bristol?

The Employment Tribunal (ET) found that the belief expressed by Dr Miller was protected. The basis for the belief was supported by academic research, which meant it was more than a mere opinion. Dr Miller did not oppose Jewish self-determination as such. Rather, he opposed the way in which it was being exercised in Israel, and he did not support violence as a means of opposing Zionism. Therefore, his belief was not incompatible with human dignity and did not conflict with the fundamental rights of others.

Dr Miller’s dismissal was found to be discriminatory and unfair. His compensation was, however, significantly reduced in recognition of his poor conduct. Both the University and Dr Miller appealed this decision. The EAT upheld the distinction between holding a belief and manifesting it and confirmed that, while the belief itself was protected, the University was entitled to take action in response to the way in which an employee expresses the protected belief. The findings of unfair dismissal and direct discrimination were, however, upheld.

The University dismissed Dr Miller over the manifestation of his protected belief, not the belief itself, and the University was pursuing legitimate aims, namely the protection of its reputation and the rights of others. However, the dismissal was a disproportionate response which was materially influenced by the fact that Dr Miller held a protected belief. The University had failed to consider any less severe sanctions, such as a warning.

What does the Miller v University of Bristol decision mean for employers?

This case is a reminder that employers can, and should, hold employees to account for how they express their beliefs, provided they don’t stray into penalising the belief itself. However, disciplining employees for the manner in which they express protected beliefs is not without risk, and employers should take care to ensure that any action taken is proportionate.

In practice, employers should:

• Focus any disciplinary process on the conduct or manner of expression, not the belief itself.

• Consider a range of sanctions and document why a particular sanction was chosen.

• Ensure that workplace policies on conduct and social media are up to date and clearly communicated.

• Take legal advice before dismissing an employee in circumstances where a protected belief may be engaged.

Getting the balance right between respecting an employee’s protected beliefs and maintaining workplace standards can be difficult. If you’ve got any questions, or want to talk through anything in this blog, please contact pkelly@lawblacks.com