Political belief

Unlike in Northern Ireland, which for many years has had laws protecting people against workplace discrimination based on political belief, the EA 10 was not originally intended to cover political beliefs. However, some political beliefs are protected as philosophical belief under the EA 10. For example in GMB v Henderson [2015] UKEAT/0073/14/DM, the EAT confirmed that a belief in left-wing democratic socialism can be a philosophical belief capable of protection. The EAT confirmed that philosophical beliefs are just as entitled to protection under equality laws as religious beliefs.

In 2012, the European Court of Human Rights (ECHR) found the United Kingdom in breach of the European Convention on Human Rights for failing to provide a remedy for dismissal for political beliefs (Redfearn v The United Kingdom [2012] ECHR 1878). For more information about this case see Chapter 10: Dismissal, page 297.

The Redfearn case produced a change in UK 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 employee can never be dismissed for holding odious or extreme political beliefs, but it does mean they cannot be dismissed without a proper hearing, and subject to normal standards of reasonableness.