Support for a Football Club Is Not a Protected Philosophical Belief

Employee Claims Manager Denied Him Work for Supporting a Different Team

In the case of McClung v Doosan Babcock Ltd and others ETS/4110538/2019, the Claimant, Mr McClung, is a staunch and lifelong supporter of Glasgow Rangers Football Club. He describes his support of the club as a way of life and as important to him as attending church would be to a Christian.

Mr McClung worked as subcontractor for Doosan Babcock, and claimed a manager there denied him further work because she was a Celtic fan. He brought claims for unfair dismissal and discrimination. There were a number of issues to determine in relation to Mr McClung's claims, including in respect of his employment status. This Tribunal decision concerns the question of whether Mr McClung's support of Rangers could qualify as a protected belief under section 10 of the Equality Act (Act).

Grainger Criteria Not Fully Satisfied, Finds Tribunal

The Tribunal held that Mr McClung's belief, whilst strong and genuinely held, was not a protected belief under the Act. The Tribunal considered the five Grainger criteria for determining whether a belief qualifies for protection under the Act, namely that:

• the belief must be genuinely held
• it must be a belief and not 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 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 accepted that the belief was genuinely held, so the first Grainger criteria was satisfied. However, the remaining criteria were not satisfied. It noted the explanatory notes to the Act, which state that support for a football club would not be a protected belief. There is a difference between a belief, which is the acceptance of something you believe to be true, and support, which is being interested in and concerned for the success of something.

In addition, the Tribunal held that supporting a football team was not equivalent to a belief in something weighty and substantial. There is nothing to suggest fans behave in a similar or cohesive way, and support for Rangers does not invoke the same respect in a democratic society as issues such as ethical veganism.

Support vs Belief

This case provides a useful demonstration of where a line in the sand is drawn in respect of the Grainger criteria. It distinguishes between the concept of support and the concept of belief, and how both these concepts interact with the provisions of the Act.

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