Is Being an Ardent Supporter of a Football Club a Characteristic Protected by Equality Law?

Julie Sabba, an associate in MLP’s employment team, considers a recent employment tribunal decision, which held that supporting a particular football team cannot be considered a philosophical belief worthy of protection under the Equality Act.

Facts

Mr McClung, an avid supporter of Glasgow Rangers Football Club, brought a claim for discrimination on the grounds of religion or belief against Doosan Babcock, a construction company.

Mr McClung had carried out work for Doosan Babcock between January and June 2019. He alleged that his manager, who was a Celtic fan, did not offer him later work due to his support of the rival Glasgow team, which was therefore an act of discrimination.

As a result, Mr McClung claimed that his support of Rangers was so strong and such an intrinsic part of his existence that it was akin to a philosophical belief and should therefore be protected by law.

In evidencing his assertion, Mr McClung described how he had supported the team for 42 years, spending most of his disposable income on attending games. He also outlined that he considered his support for the team a “massive” part of his life that had created memories with his father and son, whilst also receiving a birthday card from the football club each year.

In addition, Mr McClung added that he supported some of the philosophies that came with being a Rangers fan, including allegiance to the Queen, support for the UK union, support for Northern Ireland to remain part of the UK and some involvement in the Orange Order or attending marches.

Mr McClung asserted that supporting Rangers was a way of life and it was as important to him as it was for Christians to attend church.

Law

The Equality Act 2010 defines a belief as ‘any religious or philosophical belief, and any reference to ‘belief’ also refers to a lack of belief’.

To determine the question of whether or not a certain belief amounts to a philosophical belief, guidance is provided in case law:

• the belief must be genuinely held;

• it must be a belief rather than an opinion or viewpoint based on the present state of information available;

• it must be a belief as to a weighty and substantial aspect of human life and behaviour;

• it must attain a certain level of cogency, seriousness, cohesion and importance – it must have a similar status or cogency to a religious belief; and

• it must be worthy of respect in a democratic society, be not incompatible with human dignity and not conflict with the fundamental rights of others.

Decision

In rejecting Mr McClung’s arguments, the Judge of the Glasgow Employment Tribunal stated that she considered support for a football club to be akin to a lifestyle choice, rather than relating to a substantial aspect of human life and behaviour.

In summary, she held that support for Rangers Football Club does not amount to a philosophical belief within the meaning of section 10(2) of the Equality Act 2010, and cannot constitute a protected characteristic for the purposes of claiming discrimination under the Equality Act.

Comment

In an ever changing cultural landscape, where what constitutes a belief can be challenged – with some now advancing veganism and climate change as capable of legal protection – employers should always ensure that employees treat each other with respect, to minimise the risk and expense, associated with this type of claim. Policies on equality and diversity, supported by appropriate training, are useful in underlining this approach.

If you would like advice from the Employment team at MLP Law in respect of any of the issues raised here or more generally, please do not hesitate to get in touch on 0161 926 9969 or employment@mlplaw.co.uk, or follow us on Twitter @HRHeroUK.