Dr David Mackereth v The Department for Work and Pensions & Anor

Dr David Mackereth v The Department for Work and Pensions & Anor

The claimant's belief in Genesis 1:27 and lack of belief in transgenderism are protected characteristics under sections 4 and 10 Equality Act 2010, as the Employment Tribunal erred in its application of the Grainger criteria, particularly criterion (v), by imposing too high a threshold and failing to properly distinguish between belief and manifestation. However, the Employment Tribunal's alternative findings on the substantive claims of direct discrimination, harassment, and indirect discrimination were not tainted by its approach to belief and were upheld, as the claimant was not treated less favourably because of his beliefs, and the respondents' policies were necessary and...

Parties
Appellant: Dr David Mackereth; First Respondent: Department for Work and Pensions; Second Respondent: Advanced Personnel Management Group (UK) Limited
Jurisdiction
England and Wales
Judgment Date
29 June 2022
Procedural Posture
Employment Appeal Tribunal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Religion or Belief Discrimination, Direct Discrimination, Harassment, Indirect Discrimination, Protected Characteristics, Justification, Threshold for Protected Belief
Employment Law Equality Law Human Rights Religion or Belief Discrimination Direct Discrimination Harassment Indirect Discrimination Protected Characteristics +2 more

Case Brief

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Parties

Dr David Mackereth

Appellant

Department for Work and Pensions

First Respondent

Advanced Personnel Management Group (UK) Limited

Second Respondent

Procedural Posture

Employment Appeal Tribunal / Judgment on Appeal

Legal Issues

  1. 1 Whether the claimant's specific beliefs or lack of belief constitute protected characteristics under sections 4 and 10 Equality Act 2010
  2. 2 Whether the Employment Tribunal erred in applying the Grainger criteria
  3. 3 Whether the claimant suffered direct discrimination, harassment, or indirect discrimination due to his beliefs

Ratio Decidendi

The claimant's belief in Genesis 1:27 and lack of belief in transgenderism are protected characteristics under sections 4 and 10 Equality Act 2010, as the Employment Tribunal erred in its application of the Grainger criteria, particularly criterion (v), by imposing too high a threshold and failing to properly distinguish between belief and manifestation. However, the Employment Tribunal's alternative findings on the substantive claims of direct discrimination, harassment, and indirect discrimination were not tainted by its approach to belief and were upheld, as the claimant was not treated less favourably because of his beliefs, and the respondents' policies were necessary and...

Court Disposition

Appeal dismissed

Orders

  • The Employment Tribunal's findings on direct discrimination, harassment, and indirect discrimination are upheld.
  • No further relief granted to the appellant.