Alan McCormack | Senior Associate

Scottish Independence Belief Protected by Equality Act 2010

An Employment Tribunal in Scotland has ruled that an employee’s belief in Scottish Independence is protected by the Equality Act 2010.

Chris McEleny alleges that he was unfairly treated due to his beliefs. Following a substantive preliminary hearing the Tribunal found that his support for independence qualifies as a “philosophical belief”. Mr McEleny was employed as an electrician at the MoD munitions site in Beith, North Ayrshire. The Tribunal found that Mr McEleny’s support for independence had “a sufficiently similar cogency to a religious belief… to qualify as a philosophical belief”.

This case is interesting due to the unexpected outcome and the potential ramifications that this will have going forward. I anticipate that the decision will be appealed and will keep you up to date on matters.

Alan McCormack

Alan McCormack

Employment Law Team

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