An employment judge has struck out an employee’s claim on the basis of it having “no reasonable prospect of success,” because the woman’s employer was not aware of her philosophical beliefs.
Sarah Streatfeild, a violinist with the London Philharmonic Orchestra (LPO), was suspended after signing a public letter protesting against the Israel Philharmonic performing at the Proms last year.
Her employer cited damage to the orchestra’s reputation by her signing of the letter, in which she identified herself as a member of the LPO, but Ms Streatfeild then claimed discrimination, victimisation and harassment on the grounds of her “humanist beliefs.”
However, while the employment tribunal accepted at Ms Streatfeild’s pre-hearing review that her humanist beliefs were covered under the Equality Act 2010, it struck out her claim of discrimination as her employer had no knowledge of her humanist beliefs.
In order for a philosophical belief to come within discrimination legislation, it must be genuinely held, a true and serous belief and be worthy of respect in society, which is why the tribunal upheld that part.
Ms Streatfeild’s claim failed because her employer was not aware of her beliefs.
The employment tribunal concluded that, other than a reference to a humanitarian motivation, there was nothing in the disciplinary process to suggest to the board of directors that Ms Streatfeild has strongly held humanist views
Employees may not use a belief that is only disclosed “after the fact” under the Equality Act 2012 and the judge found that Ms Streateild’s employer could not reasonably have been expected to know her philosophical beliefs at the time it suspended her.
The tribunal made a deposit order of £250 for Ms Streatfeild to be allowed to continue her victimisation and harassment claims on the basis that they had “little reasonable prospect of success”.