Braveheart?

Photo by Petia Koleva on Unsplash

In a previous post published on 22 January 2019 (Philosophical beliefs (or you’d better believe it!), I drew attention to the ongoing of Employment Tribunal case of Christopher McEleny against the Ministry of Defence.

Mr McEleny is an SNP councillor for Inverclyde and some time ago he ran for the Party’s Deputy Leadership post. In his day job, Mr McEleny was employed as an electrician by the UK Ministry of Defence at one of its sites in Beith, Ayrshire.

When his employer found out that Mr McEleny was running for the Deputy Leadership post, he claims that was pulled in to a meeting and grilled about his views on Trident amongst other things. He also had his security clearance revoked and was suspended. Although he was reinstated, Mr McEleny later decided to leave his job with the MOD.

Mr McEleny brought a claim under Section 10 of the Equality Act 2010 alleging that he had suffered direct discrimination on the grounds of his philosophical beliefs i.e. his belief in Scottish independence as a concept which forms and influences many of his decisions in life.

At a Preliminary Hearing in July 2018, the Employment Tribunal Judge ruled that belief in Scottish independence could constitute a philosophical belief which was capable of being protected under the Equality Act 2010. It should be noted that Mr McEleny was able to demonstrate that many of the decisions that he makes and the ways in which he chooses to live his life are firmly based on his belief in Scottish independence. It is important to appreciate that him merely being a member of the SNP was not enough: you have demonstrate that you live by your beliefs.

The Ministry of Defence disagreed with this finding and appealed. Employment Tribunal Frances Eccles has now considered the appeal and has decided that a belief in Scottish independence can constitute a protected characteristic for the purposes of the Equality Act 2010.

Mr McEleny’s claim must still proceed to a full Employment Tribunal Hearing in which he will have to demonstrate that he was subjected to unlawful discrimination by reason of his philosophical beliefs.

A link to an article about the latest turn in Mr McEleny’s case can be found below:

https://www.holyrood.com/articles/news/judge-upholds-ruling-belief-independence-protected-under-equality-law-religion

Copyright – Seán J Crossan, 12 March 2019

Published by

sjcrossan1

A legal blog by the author of Introductory Scots Law: Theory & Practice (3rd Edition: 2017; Hodder Gibson) Sean J. Crossan BA (Hons), LLB (Hons), MSc, TQFE I have been teaching law in Higher and Further Education for nearly 25 years. I also worked as an employment law consultant in a Glasgow law firm for over a decade. I am also a trade union representative and continue to make full use of my legal background. Please note that this Blog provides a general commentary about issues in Scots Law. It is not intended as a substitute for in-depth legal advice. If you have a specific legal problem, you should always consult with a qualified Scottish solicitor who will be able to provide you with the support that you require.

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