January 09, 2012
The thorny issue of philosophical belief in the workplace reared its head recently, when a pre-hearing review concluded that wearing a poppy is a mark of respect and not a philosophical belief attracting the protection of the Equality Act 2010.
The Act 2010, which came into force in October last year, prohibits discrimination in the workplace because of religion or belief. Under section 10(2) of the Act, the term “belief” means “any religious or philosophical belief”, and the Employment Appeal Tribunal (EAT) has previously provided guidance as to what amounts to a philosophical belief for the purposes of the legislation.
According to the EAT, a belief must:
· Be genuinely held.
· Be a belief, not an opinion or viewpoint based on the present state of information available.
· Be a belief as to a weighty and substantial aspect of human life and behaviour.
· Attain a certain level of cogency, seriousness, cohesion and importance.
· Be worthy of respect in a democratic society, not be incompatible with human dignity and not conflict with the fundamental rights of others.
However, in the case of Lisk v Shield Guardian Co Ltd and others, the Claimant (Mr Lisk) was an ex-serviceman who alleged that his employer refused to allow him to wear a poppy at work, forcing him to submit a claim for discrimination on grounds of belief to an employment tribunal.
But the tribunal rejected Mr Lisk’s claims, stating that his belief was not protected under the provisions of the Equality Act. According to the ruling, it was not a question of whether somebody’s choice to wear a poppy was serious and ought to be respected, but of whether there was an actual philosophical belief underpinning that choice.
