UK: EAT Clarifies Limits of Belief Protection in Systemic Racism
Authors: Charles Urquhart and Charlotte Stern
New case clarifies the need for a clear link between a protected belief and the manifestation of that belief.
Mr Garrett was a white British ambulance crew member who brought a claim for direct discrimination based on his beliefs. During a heated argument with a black colleague, he used the term “roadman” and subsequently he was overheard to comment that he did not believe in the concept of systemic racism, prompting an employee complaint. Mr Garrett was disciplined, with the Trust finding that his conduct was inappropriate. He was issued with a final written warning and required him to complete unconscious bias training, a black allyship workshop and a written reflective practice.
Mr Garrett brought Employment Tribunal claims alleging that he had been discriminated against on the grounds of: a) his philosophical belief that all people should be treated equally regardless of race (manifested by his rejection of systemic racism); and b) his race.
The Tribunal agreed that Mr Garrett held a protected philosophical belief, which he manifested by rejecting the concept of systemic racism. It also agreed that his employer’s failure to interview a key witness, properly engage with his evidence and imposing the reflective practice amounted to direct race discrimination.
The EAT disagreed with the ET’s approach, finding it had made an error in treating a rejection of systemic racism as a permitted manifestation of protected belief in equal treatment. The EAT highlighted that a person could believe in equal treatment, whether or not they accepted the existence of systemic racism.
The EAT also accepted that the employer had a non-discriminatory basis for its actions. The disciplinary findings were rooted in the claimant’s conduct, particularly the offensive way he spoke to colleagues, rather than his beliefs themselves and the Tribunal had wrongly inferred discrimination.
Key Action Points for Human Resources and In-house Counsel
Belief in equal treatment can be protected but bear in mind that not all conduct linked to a belief is protected. There must be a close link between the belief and its manifestation.
An employer can lawfully take action in response to offensive or inappropriate conduct, even if it is belief-related. However, employers should ensure that disciplinary decisions are supported by clear, evidence-based non-discriminatory reasons.
