Is expressing a view the same as manifesting a protected belief?

Employees are protected from discrimination due to a protected religion or belief. That protection can extend to the belief itself, and to the way the belief is expressed or “manifested”.

However, not everything an employee with a protected belief does, will be protected.

Eweida v British Airways

There must be a close link between the protected belief and the act or expression. Eweida v British Airways confirmed that there must be a sufficiently close connection between the belief and its manifestation.

London Ambulance Service v Garrett

In London Ambulance Service v Garrett, a paramedic was disciplined after stating during a workplace discussion that systemic racism does not exist. He argued that being disciplined was discrimination, because of his philosophical belief that all people should be treated equally regardless of race or culture.

The Employment Appeal Tribunal (EAT) disagreed. Although Mr Garrett’s belief in equal treatment was capable of protection under the Equality Act 2010, his comments about systemic racism were not a “manifestation” of that belief. The EAT found there was not a close enough link between the two.  Someone could believe in equal treatment for all, while also accepting that systemic racism exists.

3 tips for HR

1. Holding a protected belief doesn’t automatically protect every statement made by an employee.
2. When concerns arise about comments made in the workplace, it’s important to consider whether those comments are genuinely connected to the employee’s protected belief.
3. If the link is too weak, the comments themselves may not attract protection under discrimination law.

Further reading

• Discrimination and the Equality Act 2010 – ACAS
• Religion, belief and dress codes – how to strike the balance – Hunter Law
• Christian Counsellor wins landmark discrimination claim – Hunter Law
• Tribunal finds that suggesting someone is playing the race card is race discrimination – Hunter Law