An ET has decided in a preliminary hearing that an ex-employee’s belief in Scottish independence qualifies as a protected philosophical belief under S.10(2) of the Equality Act 2010. The BBC report that the claim by Mr McEleny, the SNP group leader on Inverclyde Council, concerns his treatment by the Ministry of Defence when he announced he was running for the post of deputy leader in the party in 2016. The ET decided that McEleny’s belief had “a sufficiently similar cogency to a religious belief… to qualify as a philosophical belief” and “it is a fundamental belief in the right of Scotland to national sovereignty.” The case now proceeds to a full hearing.
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 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.
This 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 the judgments made in every aspect of the case. 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, we 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.
