Employment Briefing - January 2012

Wearing a poppy to work is not a philosophical belief

In Lisk v Shield Guardian Co Ltd and others an Employment Tribunal has held that an employee's belief 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 Sunday" did not amount to a philosophical belief capable of protection under the Equality Act 2010.

Mr Lisk argued that denial of his right to wear a poppy at work during remembrance week amounted to direct discrimination and harassment because of his philosophical belief. He regarded 2 to 11 November as a period of mourning and remembrance, and equated it to the seriousness with which, as a Christian, he observed Lent. Being an ex-serviceman, he considered that he had an obligation to show respect for the sacrifice of others. Mr Lisk also argued that the wearing of a poppy is widespread in the UK and abroad, and worthy of respect in a democratic society.