Hawkins v Universal Utilities Ltd t/a Unicom is a tribunal case which highlights the wide range of beliefs that can fall within the definition of a “philosophical belief” under the Equality Act 2010.
Hawkins was dismissed from his position as a telesales agent for failing to meet his targets. He claimed that he was actually dismissed for refusing to lie to customers which would be contrary to his beliefs. Using the EAT’s guidance on the factors which constitute a philosophical belief set out in Grainger plc v Nicholson [2010] IRLR 4, the tribunal held that a belief that an individual should not tell lies under any circumstances came within the definition of a philosophical belief under S.10 of the Equality Act 2010. This was because, the belief is genuinely held, it is a belief as to weighty and substantial aspects of human life and behaviour, it has a certain level of cogency, seriousness, cohesion and importance, and is worthy of respect in a democratic society.
But Hawkins claim did not succeed, as he had not produced any evidence that there was a requirement placed on everyone to lie or that those unwilling to be involved in any form of deceit would be placed at a disadvantage compared to those who believe it is OK to lie at work. In any event, the tribunal decided that the reason for Hawkins’ dismissal was his inadequate performance.
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