I know, I know, it’s one of our favourite subjects – what comes within the definition of religion or belief when deciding who is protected from discrimination in the workplace. The ingenuity of litigants has been impressive and has generally been rewarded.
This time, it’s poppies. In Lisk v Shield Guardian Co Ltd and others ET/3300873/11, Mr Lisk, an ex-serviceman alleged that his employer refused to allow him to wear a poppy at work and submitted religion or belief discrimination claims to an employment tribunal. He believes that "we should pay our respects to those who have given their lives for us by wearing a poppy from All Souls' Day on 2 November to Remembrance Day" and argued that this amounted to a philosophical belief protected by the Equality Act . So, what do you think? Past cases say a philosophical belief should :
- 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.
The employment judge rejected Mr Lisk's claims, holding that his belief was not protected under the Equality Act . The judge held:
- It is not simply a question of whether somebody's choice to wear a poppy is serious and should be respected, but of whether there is a philosophical belief underpinning that choice.
- However admirable, the belief that one should wear a poppy to show respect seems to lack the characteristics of cogency, cohesion and importance required.
- The belief that we should express support for the sacrifice of others cannot fairly be described as being a belief as to a weighty and substantial aspect of human life and behaviour. It is too narrow to be characterised as a philosophical belief.
Comment:
It is very difficult for employees and employers alike to know which beliefs are covered by the legislation and which are not. This was a decision by an Employment Tribunal only so it does not create a precedent.