Search
Close this search box.

Belief in Marxism/Trotskyism not protected by Regulations

Belief in Marxism/Trotskyism not protected by Regulations
In Kelly and others v Unison, a tribunal, following the guidance set out by the EAT in Grainger plc v Nicholson, found that a belief in Marxism/Trotskyism does not constitute a philosophical belief under the Employment Equality (Religion or Belief) Regulations 2003.

The four claimants are all members of the Socialist Party and hold views of society based on Marxism/Trotskyism. They claimed discrimination on grounds of religion or belief when disciplinary action was taken against them following the publication and distribution of leaflets objecting to Unison’s policy, containing images reflecting their beliefs which some members found to be offensive, and who said so publicly at the conference, from the rostrum.

The tribunal referred to the EAT‘s judgment in Grainger plc v Nicholson which provides guidance on interpreting whether a ‘belief’ constitutes a ‘philosophical belief’ within the meaning of the 2003 Regulations. Here the EAT said that a political belief may qualify, but not if the views are repugnant; and that one of the key considerations is whether the beliefs are worthy of respect in a democratic society and are not incompatible with human dignity.

The tribunal decided that the claimants’ beliefs included resorting to revolution and a willingness to engage in unlawful strikes. As such, the political beliefs of Marxism/Trotskyism and the Socialist Party conflict with the fundamental rights of others and the dignity of the individual. They are not worthy of respect in a democratic society and did not constitute a belief under the 2003 Regulations.

Read more

Latest News

Read More

The legal and moral imperative to support neurodivergent employees

19 May 2024

Newsletter

Receive the latest HR news and strategic content

Please note, as per the GDPR Legislation, we need to ensure you are ‘Opted In’ to receive updates from ‘theHRDIRECTOR’. We will NEVER sell, rent, share or give away your data to third parties. We only use it to send information about our products and updates within the HR space To see our Privacy Policy – click here

Latest HR Jobs

Assistant Director of Human Resources Claridges We are seeking an exceptional Assistant Director of Human Resources to join the Claridges team. Set in the heart

University of Exeter – Human ResourcesSalary: The starting salary will be from £26,444 on Grade D, depending on qualifications and experience This provides summary information

The British Academy – HR TeamSalary: £33,545 This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases

As the Head of Strategic Workforce Transformation, you will be responsible for developing and implementing comprehensive strategies to ensure we have the right… £58,972 –

Read the latest digital issue of theHRDIRECTOR for FREE

Read the latest digital issue of theHRDIRECTOR for FREE