In a tribunal hearing held in Manchester, December 2021, Judge Mark Leach concluded that the belief of catching covid 19 is not a protected characteristic and does not meet the criteria for a philosophical belief under section 10 of the Equality Act 2010.
Philosophical belief
The term philosophical belief applies when a person has a strong belief about a topic that they feel passionate about such as climate change or veganism.
In 2020, an employee refused to return into the office as she had a genuine fear and belief about catching covid 19 and becoming unwell.
As the UK was at the time was undergoing a second wave of covid virus attacks and deaths, the employee believed that going into the office was a serious risk to her health and others. She relayed her thoughts to her employer and was advised, that by failing to return to the office and not working, she would not be paid.
Discrimination
She felt that she was being discriminated against because of her beliefs and that she should be paid her salary whilst remaining off work during the pandemic. The employer disagreed. The employee submitted an employment tribunal claim based on discrimination and her philosophical beliefs.
At employment tribunal, Judge Leach reviewed the full facts of the case and commented that he did not find the employee’s fear to be a belief but rather a reaction to the threat of harm. He examined her opinions and views based on current covid information.
Her claim was unsuccessful at tribunal as she failed to demonstrate in depth any of the 5 criteria as outline in Grainger v Nicholson case.
The Grainger v Nicholson criteria states that (1) the belief must be genuine, (2) should not be an opinion, (3) must demonstrate the belief to be substantial in human life (4) must be important and serious (5) must be respectful to all in society avoiding conflict.
In this case (where both the employer and employee were unnamed), Judge Leach considered the facts and ruled out discrimination based on beliefs and religion. Health and safety were also ruled out as it did not fall under the criteria of the Equality Act 2010. And finally, judge Leach concluded that yes - the employer could withhold the employees’ pay as the belief of catching covid 19 is not a protected characteristic and does not meet the criteria for a philosophical belief under section 10 of the Equality Act 2010.
The article is for general information purposes only and should you require any further assistance on the matter please do not hesitate to call our advice-line team on 01455 852028.
