Mackereth v Department for Work and Pensions & Anor (Religion or belief discrimination - sections 4 and 10 Equality Act 2010 - direct discrimination - harassment - indirect discrimination) [2022] EAT 99 (29 June 2022)

Mackereth v Department for Work and Pensions & Anor (Religion or belief discrimination - sections 4 and 10 Equality Act 2010 - direct discrimination - harassment - indirect discrimination) [2022] EAT 99 (29 June 2022)

The claimant's Christianity is a protected characteristic, but the Employment Tribunal did not err in focusing on whether his specific beliefs or lack of belief fell within section 10 Equality Act 2010. The Tribunal erred in some aspects of its application of the Grainger criteria, particularly regarding the weightiness and protection of lack of belief, but was entitled to find that the claimant's narrowly defined beliefs lacked the necessary cogency and seriousness. The Tribunal's alternative findings on the merits of the discrimination and harassment claims were not tainted by its approach to belief: the claimant did not suffer the acts of less favourable treatment or harassment...

Citation
[2022] EAT 99
Parties
Appellant: Dr David Mackereth; First Respondent: The Department for Work and Pensions; Second Respondent: Advanced Personnel Management Group (UK) Limited
Jurisdiction
United Kingdom
Judgment Date
29 June 2022
Procedural Posture
Employment Appeal Tribunal Appeal / Judgment on Appeal From Employment Tribunal
Outcome
Appeal dismissed
Legal Topics
Religion or Belief Discrimination, Direct Discrimination, Indirect Discrimination, Harassment, Protected Characteristics, Equality Act 2010, Gender Reassignment, Freedom of Belief
Employment Law Equality and Discrimination Law Religion or Belief Discrimination Direct Discrimination Indirect Discrimination Harassment Protected Characteristics Equality Act 2010 +2 more

Case Brief

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Parties

Dr David Mackereth

Appellant

The Department for Work and Pensions

First Respondent

Advanced Personnel Management Group (UK) Limited

Second Respondent

Procedural Posture

Employment Appeal Tribunal Appeal / Judgment on Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether the claimant's specific beliefs or lack of belief constitute protected characteristics under section 10 Equality Act 2010
  2. 2 Whether the Employment Tribunal erred in its application of the Grainger criteria to the claimant's beliefs
  3. 3 Whether the claimant suffered direct discrimination, harassment, or indirect discrimination on grounds of religion or belief

Ratio Decidendi

The claimant's Christianity is a protected characteristic, but the Employment Tribunal did not err in focusing on whether his specific beliefs or lack of belief fell within section 10 Equality Act 2010. The Tribunal erred in some aspects of its application of the Grainger criteria, particularly regarding the weightiness and protection of lack of belief, but was entitled to find that the claimant's narrowly defined beliefs lacked the necessary cogency and seriousness. The Tribunal's alternative findings on the merits of the discrimination and harassment claims were not tainted by its approach to belief: the claimant did not suffer the acts of less favourable treatment or harassment...

Court Disposition

Appeal dismissed