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When is expressing a view a manifestation of a protected belief?
Adrian Fryer
The law on religion and belief discrimination protects employees not only from less favourable treatment because of a protected belief itself, but also because of the manifestation of that belief. However, not every opinion expressed by an employee will qualify as a manifestation of a protected belief.
The leading case of Eweida v British Airways established that there must be a sufficiently close connection, or ‘nexus’, between the belief and the manifestation. It does not have to be a requirement of the belief, but it must be closely linked to it.
This issue was considered by the Employment Appeal Tribunal in London Ambulance Service v Garrett.
Mr Garrett, a paramedic, was disciplined after stating during a workplace discussion that systemic racism does not exist. He argued that the disciplinary action amounted to discrimination because of his philosophical belief that all people should be treated equally regardless of race or culture.
The EAT disagreed. While a belief in equal treatment for all was capable of protection under the Equality Act 2010, Mr Garrett’s comment that systemic racism did not exist was not a manifestation of that belief. There was not a sufficiently close nexus between the two. The tribunal noted that a person could genuinely believe that everyone should be treated equally, while also accepting that systemic racism does exist. As a result, Mr Garret’s comment did not attract protection as a manifestation of his protected belief.
For HR professionals, the decision is a useful reminder that the existence of a protected belief does not automatically protect every opinion or statement that an employee with that belief makes. When dealing with workplace complaints or disciplinary issues, employers should carefully consider whether the conduct in question is genuinely linked to the protected belief and whether that link is sufficiently close.