Jason Elliott was called to the Bar of Northern Ireland in 2013 and is the Associate Head of School of Law at Ulster University. As a practising barrister, he has developed a largely civil practice representing individuals, companies and public bodies in litigation. This covers a wide range of areas including personal injuries, wills and employment law. In terms of employment law, he has represented both applicants and respondents in the Industrial Tribunal. At Ulster University, Jason lectures extensively on the civil areas of practise such as Equity and Trusts and delivers employment law lectures for both undergraduate and postgraduate students.
The claimant brought a claim relating to unlawful discrimination on the basis of the protected characteristic relating to religion or belief under Section 10 of the Equality Act 2010. The claimant provided a statement stating that she had taken the decision not to return to work on 31st July 2020 considering the health and safety concerns in relation to Covid-19. She then had her wages withheld and she says this was a financial detriment. The argument then raised by the claimant was that it was against her belief which was the ‘fear of catching Covid-19 and a need to protect myself and others’.
The Tribunal had to determine whether this was a philosophical belief capable of being protected in law. The factors from Grainger Plc v Nicholson were outlined including that the belief must be genuinely held, it must be a belief rather than opinion or viewpoint, it must be weighty, have cogency and be worthy of respect in a democratic society. These factors were examined against the claimant’s belief of protecting herself and others against Covid-19.
On the issue of being a belief it was held by the Tribunal that it was not a belief but rather it was a reaction. It was also regarded as possibly being a widely held opinion rather than being a belief. A further factor was that it did not amount to a weighty aspect of human life and behaviour considering that it was in relation to a specific time. The Tribunal did find however that the belief had cogency, it was genuinely held and one that was worthy of respect in a democratic society. Despite these factors being met the fact that it falls into the category of opinion or reaction rather than belief meant that the claimant’s claim was dismissed.
Practical Lessons
This novel case sought to push the boundaries when it came to the meaning of belief. There are numerous cases relating to the definition to be given to religion and belief spanning various areas of the law. The Nicholson criteria provide a useful basis for determining whether something new or novel falls into this category. The idea of avoiding Covid-19 clearly does not fall within the belief aspect and it is good that the Tribunal recognised this. It is likely that more cases of this nature may arise in relation to the pandemic considering the effect it has had on our lives and wider society.
https://assets.publishing.service.gov.uk/media/61c2df2e8fa8f54c18a64100/X_v_Y_-_2413947_2020_-_Reserved_-_Preliminary.pdf
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