Supporting Brexit is “not protected” from workplace discrimination under equality law, an employment tribunal has ruled.
A former Ukip councillor lost her claim that she was bullied and harassed by her employer due to her anti-EU views.
A judge has now ruled that wanting to leave the EU is an opinion as opposed to a philosophical belief, so those who voted in favour of Brexit cannot claim discrimination on that basis.
Colette Fairbanks was fired from her job at Change Grow Live, a drug and alcohol rehabilitation charity, after she reposted “offensive” posts about immigrants online.
Colette Fairbanks tried to claim discrimination after she was fired based on her pro-Brexit stance
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She claimed that her views were philosophical beliefs that were protected under the Equality Act, and took the organisation to a tribunal.
Fairbanks said her beliefs included opposition to illegal migration, that the UK should be outside of the EU, and a desire to leave the European Convention on Human Rights.
However, the tribunal determined that these views were instead “strongly held opinions”.
Judge Paul Jumble said: “If, for example, ‘wanting to leave the EU’ was held to be a philosophical belief, then more than half the British electorate would have a belief that fell within [equality laws], which could not be the intention of the legislation.
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Fairbanks was a Ukip councillor in Wyre, Lancashire, between 2017 and 2019
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“Despite some probing, both by the tribunal and in cross-examination, no coherent belief or set of beliefs was forthcoming.
“On balance, the tribunal found that the claimant had genuinely held opinions and views but she did not convince the tribunal that she had any underlying philosophical belief.”
Fairbanks began working for the charity, which is based in Fleetwood, Lancashire, in October 2022.
In an interview for the job, she said she had been a local councillor but did not mention that this was for Ukip.
Protesters demonstrating in favour of BrexitGetty
She held the position in Wyre, Lancashire, between 2017 and 2019.
The tribunal heard that after a colleague told her manager about her former role in February 2023, she was subjected to bullying.
In July last year, she was sacked from the role following the posts made online, though she claims that one did not come from her.
The comments made online “referred to ‘fake asylum seekers’ and complained that immigrants received priority for housing and public services”.