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ARTICLE · 03 FEBRUARY 2020

Finding The Line For Protected Philosophical Beliefs

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The Equality Act 2010 sets out the right not to be discriminated against on the basis of religion or protected philosophical belief (or lack thereof).

United KingdomEmployment and HR

The Equality Act 2010 sets out the right not to be discriminated against on the basis of religion or protected philosophical belief (or lack thereof). A recent slew of decisions reveals a common thread through the approach taken by the Employment Tribunal in determining the question of what constitutes a philosophical belief.

In the leading case of Grainger plc v. Nicholson, the Employment Appeal Tribunal set down the criteria that a claimant needs to satisfy for a philosophical belief to receive protection under the Equality Act 2010:

  1. the belief must be genuinely held;
  2. it must be a belief (and not an opinion or viewpoint based on the present state of information available);

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