Over the years, many people have agreed with these famous words from Argentine footballing legend Diego Maradona.
After all, estimates say around two thirds of the world’s population are fans of the beautiful game.
A recent employment tribunal in Glasgow, however, disagreed when Rangers fan Edward McClung tried to argue he’d experienced discrimination and lost his job because of his love for his club.
In this post I’ll touch on the case, its implications and I’ll also cover some frequently asked questions about discrimination and tribunals.
The case
Mr McClung brought a claim worth £80,000 against energy construction firm Doosan Babcock via recruiters NRL and his former boss Donald Ross.
He alleged he lost his job because he was a “diehard” Rangers fan. During the hearing he said he “I don’t go to church, I go to Rangers”, and claimed his support for the Old Firm club was a philosophical belief meaning it would be a protected characteristic against workplace discrimination under the Equality Act.
However, the judge disagreed, finding the fan’s ardent support was a lifestyle choice rather than something that related to a “substantial aspect of human life and behaviour”.
Why the distinction?
Although someone is, of course, entitled to a genuinely held belief, for it to be a philosophical belief it must go further than being important only to the individual, instead it should relate to a “weighty and substantial aspect of human life”.
Support of a football team, when compared with other issues such as national independence or veganism, did not hold as much importance to society and the tribunal found it was like supporting a specific political party, with nothing underpinning it beyond a desire for the team to do well.
Maybe, then, it is only a game after all.
What does this mean for discrimination cases?
This case is the latest where claimants have challenged the definition of a philosophical belief and sought protection from discrimination for (amongst other things) vegetarianism, veganism, and political beliefs.
That said, in the case of ethical veganism, we’ve seen how willing tribunals have been to broaden the scope of a philosophical belief.
Despite this case’s result, I’d expect to see more challenges in the future about what constitutes a protected belief. We have previously discussed here how these may be protected under the Equality Act, even if they are controversial.
Although Mr McClung suffered a defeat, employers shouldn’t ignore genuinely held beliefs.
Tribunals are minded to look out for potential discrimination, and cases involving “weightier” issues will be decided on their own merits and can be hard to predict.
Frequently asked questions
Given the interest in — and substantial media coverage of — this case, it seems appropriate to answer some of the questions we hear most often about tribunals and discrimination.
What kind of cases usually go to an employment tribunal?
Typical cases involve claims of unfair dismissal, discrimination, whistleblowing, unpaid wages including holiday pay, working time and equal pay.
How long will an employment tribunal take?
Typically, an unfair dismissal case will take between six to 12 months, but factors like case complexity and tribunal date availability will affect that. Often cases can be resolved by negotiation, but that depends on the circumstances.
Should an employer have an equal opportunities policy in place
Yes. And managers and employees should have training.
It is unlawful to discriminate against an employee based on
Age
Sex
Race
Disability
Marriage and civil partnership
Sexual orientation
Gender reassignment
Pregnancy and maternity
Religion or belief
It’s also unlawful to offer different pay and conditions to men and women doing work of the same value.
What is the most common form of claim for unlawful discrimination?
We find, in practice, these are claims relying on disability.
This often arises because of the wide description of what qualifies as a disability and the duties of positive discrimination. These are unique to disability discrimination and include the duty to make reasonable adjustments.
Can I appeal an employment tribunal’s decision?
Yes. Employment tribunals decisions can be appealed to the Employment Appeal Tribunal. However, appellants must identify a possible error in law as opposed to simply being unhappy with the outcome.
If you’re interested in reading more about the topic, we regularly publish new employment law commentary.