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21 September 2022
Issue: 7995 / Categories: Legal News , Human rights , Equality , Discrimination
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Rangers fandom not a philosophy

Lifelong support for Glasgow Rangers Football Club is not enough to pass the ‘philosophical belief’ test under the Equality Act 2010, an employment tribunal has ruled.

Eddie McClung, a subcontractor at construction business Doosan Babcock, alleged that he was turned down for future work by a manager who was a Celtic supporter. He claimed unfair dismissal and discrimination on the basis his commitment to the team was ‘as important to him as it was for religious people to go to church’.

Doosan Babcock countered by comparing football fandom to support for a political party.

Giving judgment, in McClung v Doosan Babcock, case no 4110538/2019, however, Judge Wiseman said she considered support for a football club ‘akin to a lifestyle choice, rather than relating to a substantial aspect of human life and behaviour’.

Referring to the legal test set out in Nicholson v Grainger plc (2009) UKEAT/0219/09, she said the claimant’s belief was genuinely held but did not otherwise meet the threshold for ‘philosophical belief’.

Issue: 7995 / Categories: Legal News , Human rights , Equality , Discrimination
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
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The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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