united-kingdom discrimination
A case of discrimination?
<p>Adam has a &quot;philosophical belief&quot; that the fairness of most forms of discrimination is debatable, as a special case of his belief that most anything should be debatable in a democratic society. He expresses this belief to Bob, who condemns the belief and cuts off communication. Did Bob discriminate against Adam?</p>
<p>In particular,</p>
<ol>
<li>does the belief (assuming its sincerity) qualify as a protected &quot;philosophical belief&quot;?</li>
<li>would Bob's action be considered discriminatory if it were in response to some other protected characteristic such as race?</li>
</ol>
<p>From the <a href="https://www.equalityhumanrights.com/sites/default/files/religion-or-belief-guide-to-the-law.pdf" rel="nofollow noreferrer">EHRC guide</a>:</p>
<p><a href="https://i.stack.imgur.com/8flou.png" rel="nofollow noreferrer"><img src="https://i.stack.imgur.com/8flou.png" alt="enter image description here" /></a></p>

<p>Under <a href="https://www.legislation.gov.uk/ukpga/2010/15" rel="nofollow noreferrer">The Equality Act 2010</a> §13(1),</p>
<blockquote>
<p>A person (A) discriminates against another (B) if, because of a
protected characteristic, A treats B less favourably than A treats or
would treat others.</p>
</blockquote>
<p>Religion or belief is listed as a protected characteristic under §4. However it is not established that the described characteristic is a &quot;belief&quot; in the relevant legal sense. See <a href="http://www.bailii.org/uk/cases/UKEAT/2009/0219_09_0311.html" rel="nofollow noreferrer">Grainger plc and others v Nicholson</a>, which established criteria for deeming an ordinary belief to be a protected belief:</p>
<blockquote>
<p>The belief must be genuinely held.</p>
<p>It must be a belief and not an opinion or viewpoint based on the
present state of information available.</p>
<p>It must be a belief as to a weighty and substantial aspect of human
life and behaviour.</p>
<p>It must attain a certain level of cogency, seriousness, cohesion and
importance.</p>
<p>It must be worthy of respect in a democratic society, not be
incompatible with human dignity and not conflict with the fundamental
rights of others.</p>
</blockquote>
<p>It is established, then, that belief (ergo disbelief) in man-made climate change is a protected belief. Similarly, ethical veganism (and its denial) is a protected belief (<a href="https://assets.publishing.service.gov.uk/media/5e3419ece5274a08dc828fdd/Mr_J_Casamitjana_Costa_v_The_League_Against_Cruel_Sports_-_3331129-18_-_Open_Preliminary_Hearing_Judgment___Reasons.pdf" rel="nofollow noreferrer">Casamitjana Costa v The League Against Cruel Sports</a>). <a href="https://www.natlawreview.com/article/ethical-veganism-and-broadening-range-philosophical-beliefs-protected-uk" rel="nofollow noreferrer">This article</a> lists as additional established protected beliefs:</p>
<blockquote>
<p>Left wing democratic socialism</p>
<p>The sanctity of life, extending to a fervent anti-foxhunting and
anti-hare coursing belief</p>
<p>A genuine and deeply held belief in Scottish independence</p>
<p>A belief in spirituality and the ability of mediums to communicate
with the dead</p>
<p>The “higher purpose” of public service broadcasting in promoting
cultural interchange and social cohesion</p>
<p>Public service and the need to engender in others a desire and
commitment to serve the community for the common good</p>
<p>That it is wrong to lie under any circumstance</p>
<p>The United Kingdom should not be ruled by a hereditary monarch but
should be a democratic and secular republic</p>
</blockquote>
<p>Your cited belief is not on the list, but you could try to make law with a test case.</p>
<p>Beyond the determination that something is discrimination, consequences for any part would also have to prove that the discrimination is prohibited. Under the Equality Act §39, for work, that means &quot;An employer (A) must not discriminate against a person (B)&quot;, which is to say if Adam and Bob are customers in the lobby, neither party will be sanctioned, nor will they if they are employees of Timmy. So I assume that Bob is Adam's employer.</p>
