BBC Ethos – Not Convinced it’s what Parliament had in Mind

In an employment tribunal ruling attracting media attention [1] today, a Claimant, Devan Maistry, appears to have successfully argued that a belief in the ethos of the BBC – public service broadcasting – is a philosophical belief, and is therefore covered under equality laws that generally protect a religious faith – religious or belief discrimination.

What appears to have been a decision arising from a pre-hearing review, Employment Judge Hughes, sitting at Birmingham employment tribunal, has apparently accepted that a belief in the aims of a public sector organisation was the same as the beliefs held in practicing a religion.

Such an argument could have much wider ramifications, but there are probably not many in the legal profession that would consider this the intention of parliament when passing equality laws that protect religious or other beliefs, so as the ruling is not binding elsewhere, for now at least, not something that will dramatically alter employment (or discrimination laws generally).

No doubt this case will attract plenty more commentary & attention when it goes to a full hearing (and possibly an appeal too), but for now, the ruling (which is not binding on any other tribunal) stands – at least for Mr Maistry – and that is that his belief in the BBC’s ethos is a protected characteristic under employment law.

Filed under: Discrimination, Employment Tribunals, Laws & Regulations by Employment Law Clinic           Post created on: May 9th, 2011