Equality Ethics Excellence
Religion & Belief – but what does belief mean?
The Equality Act 2010 adopts the definition in the Regulations that belief means "any
religious or philosophical belief".
Through tribunal findings the following criteria have been established a belief must be:

genuinely held;

a belief and not an opinion or viewpoint based on the information currently available;

a belief as to a weighty and substantial aspect of human life and behaviour;

able to attain a certain level of cogency, seriousness, cohesion and importance; and

worthy of respect in a democratic society, not incompatible with human dignity
and not in conflict with the fundamental rights of others.
Additional findings include that, in order for the belief to be protected; it had to have a
similar status or cogency to a religious belief, even though the word ‘similar’ had been
removed from the definition under the previous 2003 religious regulations. Also it was not a
bar to protection by the Regulations if the belief is a one-off belief and not shared by others.
To go to a tribunal an employee will still have to establish that the treatment they received
was because of their belief.
Case Example: In a employment tribunal recent case (March 2011) Mr Hashman had been
a keen supporter of animal rights throughout his life, from the age of 13. At age 14 he joined
the Hunt Saboteurs Association and over the years participated in campaigns of civil
disobedience. At age 23 he became a vegan. He is retained as a consultant on hunting issues
by the International Fund for Animal Welfare, and has written extensively in the media on
hunting. He became a member of, and worked for, other animal rights groups. His position
on fox hunting was part of a wider belief that ‘people should live their lives with mindful
respect for animals.’
When his contract was terminated by Orchard Park Garden Centre when they realised he
was a hunt saboteur, he claimed his dismissal was on grounds of his philosophical belief in
the sanctity of life, including his particular belief in the value of anti-hunt activism.
The tribunal accepted Mr Hashman's evidence and concluded that his specific beliefs about
fox hunting and hare coursing were part of a belief in the sanctity of life, and accepted that
the claimant's views were genuinely held. It was held that the claimant held a philosophical
belief. However, the Judge emphasised that this decision is based very much on the facts
relating to Mr Hashman, "I do not suggest that everyone who is opposed to fox hunting
necessarily holds a philosophical belief within the meaning of the 2003 Regulations."
Also as examples the ECHR (European Court of Human Rights) case law has held both
veganism and pacifism to be beliefs that could be protected by the Equality Act.
For expert diversity & equality training or consultancy including religion & belief workshops
contact Jonathan Heath or Razia Aziz 01672 512624 info@theequalityacademy.com
www.theequalityacademy.com