The employment tribunal has decided that a belief in democratic socialism can amount to a philosophical belief for the purposes of the Equality Act 2010 (the EqA).

The claimant, Mr Olivier, was dismissed from his job as a benefits advisor at the Department of Work and Pensions after he stood for election as a county councillor for the Labour Party without first seeking the permission of his employer.  He also had a letter published in a local newspaper in which he criticised the Government’s benefits policy.

Following his dismissal, he brought claims for direct discrimination on the grounds of religion and belief and for unfair dismissal.  A preliminary hearing was held to decide whether Mr Olivier’s belief in democratic socialism could amount to a religion or belief for the purposes of the EqA.

The judge relied on the definition of a philosophical belief given in the 2010 case of Grainger plc v Nicholson.  In that case it was held that a philosophical belief must:

1. be genuinely held;
2. be a belief, not an opinion or viewpoint;
3. be a belief as to a weighty and substantial aspect of human life and behaviour;
4. have a certain level of cogency, seriousness, cohesion and importance;
5. be worthy of respect in a democratic society, be not incompatible with human dignity and not conflict with the fundamental rights of others.

The judge found that Mr Olivier’s belief in democratic socialism satisfied the Grainger test so as to amount to a philosophical belief for the purposes of section 10 of the EqA.  Mr Olivier’s belief was more than support for a political party, but was a personal philosophical belief.