LRD guides and handbook July 2020

Law at work 2020 - the trade union guide to employment law

Chapter 7

Political beliefs

[ch 7: page 221]

The EA 10 was not originally intended to protect political beliefs. However, some political beliefs are protected. For example, in GMB v Henderson [2015] UKEAT/0073/14/DM, a belief in left-wing democratic socialism was judged to be a philosophical belief.

In McEleny v Ministry of Defence [2019] 4105347/2017, a Scottish employment tribunal ruled that support or active membership of a political party (the SNP) was not a philosophical belief capable of protection. However, Mr McEleny’s belief in Scottish independence did qualify for protection.

Northern Ireland has had laws protecting people against workplace discrimination based on their political beliefs for many years, enforced by the Northern Ireland Fair Employment Tribunal.

See also unfair dismissal for political belief, Chapter 10, page 371.