Don't Discriminate: my choice of football team is my Belief!
“It's my choice to support a particular sporting team a protected belief under the Equality Act 2010?”
With approximately 2 million people in England alone playing football at least twice a month, it is well known that there is a big sporting culture in the UK. Alongside football, other sports such as rugby, boxing, golf, tennis are some of the most popular sports of the general population.
Sporting banter is an often occurrence in the workplace. But what happens when your manager stops giving you work, or doesn’t allow you to work, because of your choice to support a particular sporting team? In the case of McClung v Doosan Babcock Ltd, the Claimant claimed that his Manager denied him work for supporting a particular sporting team.
Facts of the Case
Mr. McClung, the Claimant, was a supporter of Glasgow Rangers Football Club for approximately 42 years. Mr. McClung had described his belief, love and support of the football club as a way of life and compared the importance of following the football club to a Christian attending church. Mr McClung would spend most of his disposable income on attending football matches and he would receive a birthday card from the club each year.
Mr. McClung worked as a subcontractor for Doosan Babcock, the Respondent, between January 2019 and June 2019. He was not given any work past this date and alleges that his manager in charge of offering him work refused to give him work due to his choice to support Rangers Football Club. Mr. McClung claimed that his manager was a supporter of Celtic Football Club, historic rivals of Rangers Football Club.
Mr. McClung therefore brought a claim for unfair dismissal and discrimination due to his philosophical belief.
What did the Tribunal say?
The tribunal held he was not technically employed by the Respondent and so the unfair dismissal claim was dropped.
Turning to discrimination, the Tribunal considered the five Grainger criteria, under Nicholson v Grainger for determining whether a belief qualifies for protection under the Act, namely that:
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the belief must be genuinely held
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it must be a belief and not an opinion or viewpoint based on the present state of information available
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it must be a belief as to a weighty and substantial aspect of human life and behaviour
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it must attain a certain level of cogency, seriousness, cohesion and importance
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it must be worthy of respect in a democratic society, not be incompatible with human dignity and not conflict with the fundamental rights of others
The Tribunal held that Mr. McClung’s belief did not satisfy four of the five tests under Nicholson v Grainger to be considered a true philosophical belief protected under the law. Therefore, Mr. McClung’s belief, whilst strong and genuine, could not be protected under the Equality Act 2010. The Tribunal held that Mr. McClung’s belief was a “lifestyle choice” which “does not represent a belief as to a weighty or substantial aspect of human life”.
As a result, Mr. McClung’s claims were dismissed at a preliminary hearing.
What should employers and employees take away from this ruling?
Sport is something that many feel passionately about. This can potentially result in a variety of issues amongst staff who support rival teams, or even those who do not favour the sport at all.
Employers and employees must be reminded of the importance of treating others with respect, even when their opinions differ. It is important to remind all staff that disciplinary action will be taken if they fail to do so.
Employers can breathe a sigh of relief as disputes involving football teams won’t risk discrimination being brought into the matter. However, there are other issues that can still lead to claims, such as bullying in the workplace; and it is important for employers and employees to remember this.
If you are an employer or employee facing a discrimination issue then please contact Lawson-West Solicitors. Contact Us and we will get in touch as soon as possible.
Alternatively, please Tel: 0116 212 1000 or 01858 445 480.
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