If you’re in Northern Ireland, you are protected against being treated unfairly because of your political opinion.
It’s trickier to make a similar claim in Great Britain. There, political beliefs are treated as ‘philosophical’ in law.
This article explores the issues.
What counts as a political opinion?
This category includes options about the Government and matters of public policy, however, not all political opinions are protected. Here are some examples:
Protected (in alphabetical order):
- Conservatism
- Irish Nationalism
- Socialism
- Ulster Unionism
… and many others.
Not protected:
- Political opinions that support or approve of the use of violence for political ends
What counts as a philosophical belief?
To be protected as a philosophical belief, it must meet certain criteria:
- Be cogent and cohesive
- Be serious and important
- Be worthy of respect in a democratic society
- Not be incompatible with human dignity
- Not be in conflict with other people’s fundamental rights
Examples that fall into this category include: veganism, humanism, pacifism and spiritualism.
What counts as a religious belief?
Faiths that count as a religious belief include these and more (in alphabetical order):
- Buddhism
- Christianity
- Hinduism
- Islam
- Judaism
- Protestantism
- Roman Catholicism
Who is protected?
You have the right not to be discriminated against if:
- You hold or are perceived to hold a political opinion, philosophical belief or religious belief
Example
You may be able to make a claim for discrimination if you are rejected for a job because the employer (rightly or wrongly) believes you are an Irish Nationalist.
- You do NOT hold a political opinion, philosophical belief or religious belief
Example
You may be able to make a claim for discrimination if you are rejected for a job because the employer believes you are apolitical or agnostic or an atheist.
- You are associated with someone who holds a political opinion, philosophical belief or religious belief
Example
You may be able to make a claim for discrimination if you are rejected for a job because you’re married to an Ulster Unionist.
What this means to you
If you have been treated unfairly on the grounds of political opinion, philosophical belief or religious belief, you may be able to make a claim for unlawful discrimination.
Where a particular opinion or belief is required to do the job, this kind of discrimination is allowed. For example:
- Clergy and ministers of religion
- Political appointments
- School teachers
If you wish to claim for discrimination due to political opinion, philosophical belief or religious belief, it must be made within three months of when you knew about it, or six months from when it happened.
In very rare cases, the time limit can be extended, but it’s not wise to count on this.
You must also consider or go through the Early Conciliation option provided by the Labour Relations Agency before proceeding to Tribunal (you should allow for this within the time limit).
If you have any questions, please give us a call. We’ll be happy to help.
Further reading
For more information on this subject, you might find our other articles useful:
- Political discrimination
- Are you being discriminated against because of your views on Brexit?
- Is my belief protected under law?
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