ARE FOOTBALL FANS PROTECTED BY DISCRIMINATION LAW?
Released On 23rd Sep 2022
This was essentially the question before the employment tribunal not too long ago when Mr McClung, an avid Rangers Football Club fan, argued that he was side-lined because of his manager’s support for Rangers’ rival team.
McClung argued that his support for Rangers was such an important part of his life that it amounted to a philosophical belief that should be protected under the Equality Act. He drew an analogy to religion, commenting that he didn’t go to Church but instead went to Rangers, and was united with other fans in his devotion.
Before taking the case any further, the tribunal had to decide whether the claimant’s ‘belief’ was capable of protection. Could the goalposts be extended that far?
So, what else did Mr McClung rely on?
- He had supported his team for 42 years; he would wake up buzzing on the day of a match;
- He never missed a fixture, committing time and money to see games and create memories with his family.
- He subscribed to Sky Sports and always watched extended coverage; and
- His support for the club kept him going every day, enabling him to work and be positive.
Was this enough?
In short, no. Rather than a belief, McClung had an opinion or viewpoint, which wasn’t serious enough to have any consequence for humanity as a whole.
What are the implications?
It seems the employer didn’t drop the ball on this one, but it reminds us that the law is open to interpretation and employees are prepared to try and extend the obvious protections to things which perhaps don’t even cross our minds.
For the competitive amongst you, there are 8 other protected ‘characteristics’ which sit alongside religion and philosophical belief to garner protection from discrimination – can you name them? Being aware of them is the first step to making sure you don’t score an own goal.
As ever, if you need any advice or support with these kinds of issues, feel free to give us a call.
