Ponderings on philosophical beliefs

In August 2018 we blogged about the case of Gray v. Mulberry (re-read here).

As predicted, this case has now made its way to the Court of Appeal, which is hearing the appeal this week.

This is the first time that the Court of Appeal has grappled with the problematic area of philosophical beliefs.

What amounts to a philosophical belief is topical, with the Norwich Employment Tribunal finding last week that vegetarianism, whilst being something an individual could “genuinely believe in”, was not a philosophical belief for the purposes of the legislation. A different tribunal will consider the same question in respect of ethical veganism later this month.

Will the somewhat “tick box” criteria set down in Grainger plc v. Nicholson (decided at Employment Appeal Tribunal), with its often unexpected results, survive as the leading authority on this point?

The judgment is awaited with interest.

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Claire McKee

About Claire McKee

Claire is an associate in the People, Reward and Mobility practice. Whilst advising employers and employees on a wide range of employment issues, Claire focuses on advising clients on contentious employment, discrimination and equal pay matters. She appears before the Employment Tribunal in Scotland and England on a regular basis.

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