In Maistry v BBC a tribunal judge had held that a belief, that public service broadcasting has the higher purpose of promoting cultural interchanges and social cohesion, qualified as a philosophical belief under the Employment Equality (Religion or Belief) Regulations 2003.

Mr Maistry was employed for several years by the BBC. He was dismissed in October 2010, following performance management proceedings. He brought a discrimination claim under the Employment Equality (Religion or Belief) Regulations 2003, arguing that his dismissal was the culmination of a continuing act of discrimination spanning six years on grounds of his ‘belief’. The key preliminary issue was whether Mr Maistry held a “philosophical belief” protected by the Regulations.

Mr Maistry gave evidence that his belief in the higher purpose of public broadcasting to encourage debate and citizenship in a public space had been formed after his experience of a negative reaction to his reporting during apartheid in South Africa and he a shared belief, with people such as Lord Reith and the Director General of the BBC, that the purpose of public service broadcasting is to create a public space where people can encounter culture, education and debate, and share experiences.

The employment judge rejected the BBC’s arguments that the alleged ‘belief’ was no more than a mission statement and was similar to a political opinion. The judge held that the test to be applied as to whether a belief qualified was that adopted in Grainger plc and others v Nicholson [2010] IRLR 4. On the evidence, Mr Maistry had satisfied that test and the case could proceed to a full merits hearing. However, as the judge pointed out, while Mr Maistry had got over the first hurdle, he would still need to show that any alleged less favourable treatment was because of his belief. Note that the same ‘tests’ would apply under the Equality Act 2010.