Political belief

Unlike in Northern Ireland, which for many years has had laws protecting people against workplace discrimination based on political beliefs, the EA 10 was not originally intended to cover political beliefs. Even so, recent tribunal judgments have suggested that some political beliefs may be protected as philosophical beliefs. For example, in Henderson v the GMB, 2013, a tribunal ruled that a belief in left wing democratic socialism can be a philosophical belief capable of protection under the EA 10.

In 2012, the European Court of Human Rights (ECHR) found the United Kingdom in breach of the European Convention on Human Rights in failing to provide a remedy for dismissal for political beliefs (Redfearn v The United Kingdom [2012] ECHR 1878). This led to a change in the law.

Since 25 June 2013, no service is needed for a claim for unfair dismissal where the reason (or main reason) for dismissal is, or relates to, an employee’s “political opinions or affiliation” (section 108 ERA 96). This does not mean an individual cannot be dismissed for holding odious or extreme political beliefs, but it does mean that they cannot be dismissed without first being given a hearing and the chance to present their case. For more information see Chapter 10: Dismissal, page 296.