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Belief in Scottish independence is a protected philosophical belief

Makbool Javaid

The Herald reports that Christopher McEleny, who alleges discrimination by the Ministry of Defence, has been successful in an ET preliminary hearing where it was decided that a belief in Scottish independence is a protected philosophical belief under S.10 of the Equality Act 2010 and so the case can now proceed to a full hearing. The ET was satisfied that the conditions set out by the EAT in Grainger Plc v Nicholson for a belief to be protected, had been met in that M’s belief in sovereignty and self-determination is a genuinely held belief, and not an opinion or viewpoint, it relates to weighty and substantial aspects of human life, it is serious and important, it is worthy of respect in a democratic society and does not conflict with the fundamental rights of others. 

The updates are kindly provided by Simons Muirhead & Burton Law firm

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