My regular readers are aware that I am intrigued by the way in which protection of religion or philosophical belief has developed in ways that surely could not have been envisaged when the Regulations which preceded the current protection under the Equality Act 2010 came into force in 2003.
In January I reported that belief in the Labour Party was a characteristic capable of protection under the Act. It should therefore come as no great surprise that a belief in public service attracts the same protection.
Joe Anderson is the current and first directly elected Mayor of Liverpool. It would be fair to say that he divides opinions. Among many things he has been called the left’s answer to Boris Johnson. He was born in 1958 and left school at 16 without any qualifications. He joined the Merchant Navy and spent some time working in the leisure industry. As a mature student at Liverpool John Moores University he obtained a Postgraduate Diploma in Social Work and subsequently became a full-time social worker.
Alongside his working life he was elected as a city councillor in 1988, became leader of the Labour group in 2003 and in 2010 became Leader of the Council. He became elected Mayor in 2012.
The background is relevant because, in Anderson v Chesterfield High School, he contended that he was a victim of direct discrimination as a result of the termination of his employment after an extended leave arrangement to allow him to fulfil his public duties. The period of leave commenced in 2010 but his election as Mayor in 2012 for a four year term prompted the dismissal.
The 2009 Employment Appeal tribunal case of Grainger v Nicholson (which concerned a belief in climate change) established the five point test which has subsequently been used in such cases and was duly applied at the preliminary hearing in this case.