Protected Beliefs Under the Equality Act: Grainger Questioned
本文探讨英国《2010年平等法》中“受保护信念”的定义,分析该定义如何由法庭发展而来,以及法庭在判断特定信念是否受保护时面临的实践困难。
Abstract The definition of what is a ‘protected belief’ for the purpose of the Equality Act 2010 is of significant practical importance. This is because it determines whether people have the right not to be discriminated against and, correspondingly, whether others have the obligation not to discriminate. As such it determines how people can act. Despite this the statute itself offers little assistance in relation to this definition, instead preferring to leave the matter to tribunals to develop. This article looks at the way in which that definition has developed and at the practical difficulties this may give tribunals (both at first instance and on appeal) in deciding whether a particular belief falls to be protected or not.