In University of Bristol v Dr David Miller, the Employment Appeal Tribunal has upheld the initial ruling that the professor was unfairly dismissed and faced discrimination based on his protected philosophical belief. The University argued that the initial ruling contained several errors and asserted that any compensation should be reduced by 100%.

Below, we provide a recap of the initial case and discuss the Appeal Tribunal’s ruling. We then outline what constitutes a protected belief and the steps others can take if their rights have been breached.

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If you have any concerns or questions about your own beliefs, contact Redmans Solicitors now. As experts in the employment sector, we can assess your circumstances, answer your queries and discuss your possible next steps. Should that involve a potential claim, we can also guide you through each stage of the legal process.

To learn more about how we could help you, please:

• Give us a call on 020 3397 3603
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The Facts in University of Bristol v Dr David Miller

Background to the Protected Philosophical Belief Case

Dr David Miller was a professor at the University of Bristol until his dismissal in October 2021. This occurred due to his anti-Zionist stance and subsequent activity around students and on social media. Among the issues that led to his dismissal, Dr Miller:

• Spoke at an event on 13 February 2021, where he stated that individuals should be allowed to say that Zionism is racism “because it is;”
• Repeatedly aired his belief to students and on social media; and
• Emailed a student on 18 February 2021, with his correspondence including, “Zionism is and always has been a racist, violent, imperialist ideology…”

The University claimed that these actions breached its policies and constituted gross misconduct, dismissing the professor. However, when Dr Miller brought claims of unfair dismissal and discrimination based on his protected philosophical belief, the Employment Tribunal ruled in his favour. While a remedy was yet to be determined, the Tribunal held that compensation would be reduced by 50% due to “culpable and blameworthy” conduct on his part. It added that a 30% reduction would be applied, as Dr Miller could have potentially been fairly dismissed.

The Employment Appeal Tribunal’s Judgment

Following the Employment Tribunal’s judgment, the University of Bristol appealed to the Employment Appeal Tribunal. It argued that the initial Tribunal erred in its finding of unfair dismissal and discrimination. It added that any compensation should be reduced by 100% due to Dr Miller’s contributory fault.

The Employment Appeal Tribunal, however, dismissed the University’s appeal, upholding the professor’s claims. It found that the initial Tribunal’s interpretation of the law was sound. That said, it remitted one element of the original decision for reconsideration. This was because the Appeal Tribunal didn’t believe the explanation concerning why Dr Miller could have been dismissed fairly, and thus have his compensation reduced by a further 30%, was adequate.

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Following the ruling, Dr Miller’s legal representation called the appeal outcome a “comprehensive victory.” It added, “This judgment has now firmly established that anti-Zionist views are a protected belief under the terms of the Equality Act 2010.”

What is a Protected Philosophical Belief?

The Equality Act 2010 protects individuals from unfavourable treatment, including discrimination, harassment and victimisation, based on their protected characteristics. Religion and philosophical belief are one such characteristic.

However, for a belief to be protected, it must satisfy specific criteria. These criteria can be found in the ‘Grainger test,’ and hold that, to gain protection under the Equality Act, a belief must be:

• Genuinely held
• More than a mere opinion
• Weighty, and concern a substantial aspect of human life
• Serious, cohesive, cogent and important
• Worthy of respect in a democratic society, compatible with human dignity and conflict-free with the fundamental rights of others

In circumstances where a belief satisfies these criteria, it will be protected, ensuring the individual who holds it cannot face detriment because of it. If an employer fails to satisfy its obligations and the individual faces subsequent unfavourable treatment relating to their belief, it may open itself to legal repercussions.

What Can I do if My Employment Rights Have Been Breached?

If an individual believes they’ve faced discrimination due to their protected philosophical belief, there are various options to seek redress. Before proceeding, though, it’s recommended to collect evidence of the act(s) complained of to strengthen one’s case.

Once evidence has been gathered, those affected should consider internal dispute resolution avenues. Depending on the circumstances and the severity of the issue, an informal chat with HR or a formal grievance may be appropriate. The latter option places additional legal obligations on the employer in how they handle the situation, but both provide an opportunity to resolve the matter informally.

Where internal avenues fail to provide a satisfactory outcome, the next step is to initiate early conciliation through Acas. This free and independent process is typically required before a claim can be brought and offers another chance to avoid legal proceedings.

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However, where all else fails, an Employment Tribunal claim could be brought. To proceed, strict time limits and eligibility criteria must be met, but if successful, compensation may be awarded. In any case, it’s usually recommended to seek expert legal advice to ensure one’s position is fully understood, and the right course of action is taken.

Get Help with Redmans

If you have any questions or concerns regarding your protected philosophical belief or wider employment rights, contact Redmans Solicitors. Following a brief consultation, our team of employment specialists can answer your questions and provide expert advice. We can also assess your eligibility to bring a claim, and guide those eligible through each stage of the legal process.

It only takes a moment to learn how we could help you, simply:

• Phone us on 020 3397 3603
• Request a callback via our online form