Can you dismiss an employee for expressing controversial beliefs?
Can you dismiss an employee for expressing controversial beliefs?
Sometimes. But the sanction matters.
What happened?
In University of Bristol v Dr David Miller, a professor of political sociology expressed anti-Zionist views publicly in February 2021. The University received substantial correspondence demanding disciplinary action. An independent investigator concluded that there was no formal case to answer and that his statements had not exceeded the boundaries of acceptable speech. The University nevertheless pursued disciplinary proceedings and summarily dismissed him for gross misconduct on Friday 1st October 2021.
What did the EAT decide?
On Tuesday 4th August 2026, the EAT upheld the Employment Tribunal’s findings that the dismissal, and rejection of Miller’s appeal, amounted to direct discrimination because of philosophical belief. It also upheld the unfair dismissal finding. His anti-Zionist beliefs qualified for protection under the Equality Act 2010. The EAT rejected the University’s challenges to those liability findings. It allowed one limited ground concerning the Tribunal’s reasoning on a potential reduction in compensation.
Why did it reach that decision?
The critical question was why the University dismissed Miller. His expression of his protected beliefs materially influenced that decision. An employer can act against an objectionable manifestation of a protected belief, but any restriction must be objectively justified and proportionate. Here, dismissal was not proportionate. A lesser disciplinary sanction could have achieved the University’s legitimate aims. Importantly, the Tribunal accepted that some disciplinary action would have been proportionate. Protection for belief is not immunity from workplace rules.
So, what should you do?
- Separate the belief from your employee’s conduct. Record precisely what creates the problem.
- Test dismissal against less intrusive options. “We considered alternatives” needs evidence to back it up.
- Make your decision-makers document the legitimate business aim and why the proposed sanction is proportionate.
- Treat reputational pressure as evidence to assess, not instructions to dismiss.
