Anti-Zionist professor wins Employment Tribunal case

Case: David Miller -v- University of Bristol

In what was a test case for philosophical belief under the Equality Act 2010, a University professor claimed unfair dismissal, breach of contract and discrimination or victimisation against the University of Bristol following dismissal for gross misconduct.

Professor David Miller’s employment was terminated following comments he made about Israel (in the context of the Palestinian conflict). He alleged that the University of Bristol terminated his employment because senior management doubted he would comply with lighter disciplinary measures, like a warning. The institution dismissed him in October 2021 as a professor of political sociology for gross misconduct, citing failure to meet expected standards of behaviour.

The controversy stemmed from a 2019 lecture where Prof. Miller implicated the Zionist movement as a driver of Islamophobia in the UK. The lecture drew a complaint from the Community Security Trust charity, labelling it as antisemitic. Although an investigation yielded no further action, subsequent complaints arose after Prof. Miller participated in an event discussing free speech and his criticisms of Palestine and Israel in February 2021.

He argued that his anti-Zionist stance qualified as a protected philosophical belief under the Equality Act 2010.

Prof. Miller further asserted that he could have sought other employment had he been given a warning. He accused the University of “bowing” to pressure from donors and alumni to fire him.

Under cross-examination, Prof. Miller declined to accept responsibility for the impact of his public statements, disputing their effects and dismissing accusations as baseless.

Earlier in the tribunal, Prof. Miller accused the University of failing to support him against what he termed “attacks and defamation” over his views on Israel, attributing it to a “censorship campaign” led by Zionist organisations targeting UK universities.

Judgment

The tribunal held that he was discriminated against because of his philosophical beliefs. It’s view was that the “Claimant’s anti-Zionist beliefs qualified as a philosophical belief and as a protected characteristic pursuant to x10 Equality Act 2010”, concluding that Miller was unfairly dismissed.

Commentary

The implication of employee activism and social unrest are a tricky topic in today’s society. Employers often find themselves in an imbalance of protecting the employee’s right to free speech while looking to honour those with conflicting beliefs and ensuring harmony in its workspaces. Despite this, there is a right and wrong way to navigate controversial topics and this case proves that just because one may disagree with a point of view it does not give an employer the right to dismiss that individual and treat them less favourably than someone else with the opposing protected characteristic.

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Magara law is an employment law firm in Bicester, Banbury and Paddington, London, and services clients nationwide. For more information or to speak with Roy Magara, a specialist employment lawyer at Magara Law, call 01869 325 883 or email roy@magaralaw.co.uk