News Article

This case involves an employee of General Municipal Boilermakers (GMB)  who claimed he was dismissed (for gross misconduct) due to his philosophical beliefs and hence claimed unfair dismissal. Under the Equality Act 2010 employees are protected against discrimination for holding philosophical beliefs. 

Albeit an old case it is important when considering ‘gross misconduct’.

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Mr. Henderson’s job involved undertaking political work on behalf of the Labour party. He was dismissed after he organised picket lines at the House of Commons in November 2011 to protest against the government’s plans to cut public pensions. He claimed unfair dismissal due to his philosophical belief in ‘left- wing democratic socialism’. While the tribunal held he was fairly dismissed and it was due to his conduct (and that he was unmanageable), it also concluded that left wing democratic socialism is a philosophical belief under the Equality Act. Both Mr. Henderson, the claimant and GMB have appealed against the decision – GMB on the finnding that the claimant was discriminated against, and Mr. Henderson that he was fairly dismissed because of his conduct. 

This case has significance, in that it probes deeper into what kind of behaviour constitutes appropriate political or religious belief in the workplace. 

For any further advice or information please contact the team here at SFB Consulting. Our offices are based in Bishop’s Stortford and London, but we offer our services and consultancy UK wide. 

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