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Belief in Scottish independence is a protected philosophical belief

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
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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

This update provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and help judgments made in every aspect of the case. Click on the links to access full details. If no link is provided, contact us for more information.  Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.

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16 April 2024

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