Mr C McEleny v Ministry of Defence — 2018

The Tribunal considered as a preliminary issue whether the claimant's belief in Scottish independence and the social democratic values of the SNP could amount to a philosophical belief for the purposes of Section 10 of the Equality Act 2010. The claimant alleged direct discrimination under Section 13, including less favourable treatment said to include suspension of security clearance and constructive dismissal, but the hearing addressed only whether the asserted belief was protected.

The Tribunal found that the claimant's support for the social democratic values of the SNP was a manifestation of his belief in Scottish independence, and that support or active membership of a political party did not of itself amount to a philosophical belief. It was not persuaded that the claimant's support for the SNP, viewed separately, was philosophical in nature.

Applying the Grainger criteria, the Tribunal found that the claimant's belief in Scottish independence was genuinely and deeply held, was not merely an opinion based on current information, concerned weighty and substantial questions of national sovereignty and self-determination, had sufficient cogency, seriousness, cohesion and importance, and was worthy of respect in a democratic society. It concluded that belief in Scottish independence amounted to a philosophical belief and could be relied on as a protected characteristic for the purposes of the direct discrimination claim.