Philosophical beliefs – outlined under Section 10 of the Equality Act 2010, are protected so long as it satisfies the Grainger criteria test. Namely, this means:
- The belief must be genuinely held by the individual.
- It must be a belief, and not simply an opinion or viewpoint based on the present state of information available.
- The belief must be held on a weighty and substantial aspect of human life or behaviour.
- It must attain a certain level of cogency, seriousness, cohesion, and importance.
- It must be worthy of respect in a democratic society, compatible with human dignity, and not conflict with the fundamental rights of others.
The belief itself does not need to entirely govern a person’s life, and there are remedies available to those who experience discrimination based on a philosophical belief. This allows any victims to clarify the status of their beliefs from a tribunal, to include recommendations, and to receive compensation related to emotional injury and other financial losses.
What are the facts of Sean Corby v ACAS?
Mr Corby described himself as white, while his wife and children are black. In 2021, he posted criticisms on a private workplace communication platform on the critical race theory as being ‘divisive’ – as it suggested that white people were the problem giving rise to racial segregation. He believed in Martin Luther King’s ideology: that people should be judged based on character rather than the colour of their skin.
Following the posts, some of Mr Corby’s colleagues complained about them to their employer, ACAS. They felt the posts were promoting racist tendencies, and reflected a deep-rooted hatred towards those from black and minority communities who challenge racism. These employees felt unsafe working with him as a result.
ACAS dismissed these complaints, but instigated a conciliation process to try to reason with Mr Corby. This required him to remove the comments made as they had caused offence to some of his fellow employees. As a result, Mr Corby took the matter to the ET for unlawful discrimination on grounds of religion and belief.
What did the Employment Tribunal (ET) decide?
On the facts, the tribunal decided that Mr Corby held a genuine belief based upon his research, experience, and readings. Not only was it strong and serious, but it also concerned substantial aspects of human life, and was deemed cogent as no inconsistencies were presented when Mr Corby as questioned on the belief.
Furthermore, it was not an extreme belief – such as Nazism or Totalitarianism, which had been excluded as philosophical beliefs in the case of Forstater v CGD Europe. This emphasised that Section 10 of the Equality Act 2010 must be interpreted in accordance with Article 9 (Freedom of Thought, Conscience, and Religion) and Article 10 (Freedom of Expression) of the European Convention on Human Rights (ECHR). Both of these provide a lower threshold for establishing that a belief is worthy of respect in a democratic society.
The case is still ongoing, and – in or around April 2024, the ET will decide whether Mr Corby was unlawfully discriminated against by ACAS for his beliefs in opposing critical race theory.
What should employers do?
Employers must make sure they have an inclusion and diversity policy in place, and that they do not take a one-sided approach in favouring staff who express concerns over another employee’s belief. Where in doubt, employers are advised to take professional HR guidance on the matter.
This article is intended for information and educational purposes only, and should not be relied upon as legal advice. If you require any further assistance, please do not hesitate to contact our HR Advice Line Team for free on 0116 274 9193.
