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Belief that mediums can contact the dead is capable of protection in discrimination law

04 October 2010 #Employment


The Employment Appeal Tribunal has upheld a Tribunal`s decision that a belief in spiritualism, life after death and the ability of mediums to contact the dead was capable of protection under dsicrimination law.
 
The Employment Equality (Religion or Belief) Regulations 2003 prohibit discrimination in the workplace on grounds of religion or belief. The term "belief" includes any "religious or philosophical belief".  The Equality Act 2010, which replaces the Religion or Belief Regulations, includes substantially the same definition.

The Claimant in this case was employed as a trainer by the Greater Manchester Police Authority in October 2008.  He claimed to be an adherent of the Spiritualist Church and to have a belief in spiritualism, life after death and that the dead can be contacted through mediums or psychics. His claim referred to his belief in the "usefulness [of psychics] in police work".

He alleged that he had been discriminated aganist by being dismissed because of his beliefs.

While the EAT held that his beliefs were capable of protetion, the more difficult issue in this case was whether he was dismissed because of his beliefs or for some other reason.

The Tribunal found that the dismissal was for other reasons but there is an appeal on this due to be heard later this month.

Clarkslegal, specialist Employment lawyers in London, Reading and throughout the Thames Valley.
For further information about this or any other Employment matter please contact Clarkslegal's employment team by email at employmentunit@clarkslegal.com by telephone 020 7539 8000 (London office), 0118 958 5321 (Reading office) or by completing the form on this page.

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