Member S Singh Tribunal Member P O’Hagan Mrs L Gibb v Represented by: Mr R Eadie - Solicitor Dumfries and Galloway Council — 2022

The claimant, a teacher at Stranraer Academy, alleged direct discrimination and harassment by the headteacher, Alicia Reid, because of her asserted belief that Scotland can only ensure social justice by remaining part of the UK. The tribunal applied the Grainger test and held that the asserted belief was not a protected philosophical belief. It found that the evidence showed a viewpoint about the best means of securing social justice, rather than a belief with sufficient cogency, seriousness and cohesion to qualify under section 10 of the Equality Act 2010.

The tribunal also found that Ms Reid did not know the claimant held the articulated belief, or how she had voted in the independence referendum. It rejected the suggestion that the matters relied on by the claimant were driven by her belief, including the 6 January 2020 staff day, parent council meetings, the behaviour-policy meetings, and the ASL teaching allocation. The tribunal accepted that the staffing and contract decisions had explanations based on school needs, the claimant's existing ASL contract, and the desire to avoid making another teacher surplus, and it noted that the disciplinary process arose from the parent council complaint and was handled by education directorate staff, not Ms Reid.

On direct discrimination, the tribunal applied Shamoon v RUC and focused on the 'reason why' question. It held that the claimant was not treated less favourably because of her belief. On harassment, it held there was no unwanted conduct related to a protected belief and no basis to find that Ms Reid intended, or that it would be reasonable to conclude, that the conduct violated dignity or created a hostile or offensive environment. The respondent's time-limit objection was rejected on the basis that the alleged conduct was capable of being viewed as a continuing act and the claim, after ACAS conciliation, was not time-barred. The claims were dismissed.