The Employment Tribunal has ruled that support for a football club is not classed as a religious or philosophical belief. Charlotte Lindley from our Employment team explains what we can take from this ruling.
Charlotte says: “Under the Equality Act 2010, religion or philosophical belief is a protected characteristic. If someone is discriminated against for this reason, they could file a claim against their employer.
“In the McClung v Doosan Babcock Ltd case, the claimant tried to argue that his support for a football club was a protected belief and therefore should be afforded protection from discrimination under the Equality Act 2010.
“The claimant had supported Glasgow Rangers FC for 42 years and dedicated most of his spare time and income to watching their games. He believed that supporting Rangers FC was a way of life and he argued that it was as important to him as attending church is for religious people.”
The claimant argued that he had been unfairly dismissed and discriminated against because he had not been offered any work solely due to the football team that he supports.
Charlotte adds: “Mr McClung had also been offended by a colleague at Doosan Babcock when they said that ‘he was unusually okay for a Rangers fan’.
“The Tribunal disagreed with the Claimant and found that support of a football team was not capable of being a protected philosophical belief. The Claimant explained to the Tribunal that there was historic links with Rangers supporters also being Protestant Christians and who shared loyalty to the Queen and Northern Ireland, but these were not prerequisites of being a Rangers FC fan.
“The law surrounding what constitutes a philosophical belief continues to be a topical and contentious issue, with many of these types of cases reaching the appeal courts.”
Charlotte recommends that employers should seek legal advice if an employee claims they have been discriminated against under the Equality Act.
She says: “Employers should be aware that beliefs held by employees could be protected by law and so should be cautious about disciplining or dismissing employees for holding these beliefs, even if the belief is controversial. If there is any doubt, always seek legal advice before dealing with the situation.”
If your business has experienced similar issues or one of your employees is alleging religion or belief discrimination, please contact our Employment team for advice today on 0114 218 4000 or visit our Employment page.