Is fear of catching covid a philosophical belief?
Once again, Government guidance is saying ‘work from home if you can’. But this situation won’t last forever, and there will come a time when employees are invited to go back to the workplace.
Are you scared of going back to work in case you catch Covid-19 or pass it on to other people? If yes, you wouldn’t be alone.
When restrictions were lifted in July 2020, a female employee failed to return to work because she wanted to protect herself and her husband, who was at high risk of getting seriously unwell with Covid-19.
As a result, her employer withheld her wages, and she made a claim against them for discrimination.
However, the employment tribunal has recently ruled that, although her fear was understandable, it was not a philosophical belief for discrimination law purposes.
What does the law say about philosophical beliefs?
Religion and belief are among the characteristics which are protected under equality legislation. As such, you should not be treated less favourably because of your religion or beliefs you hold.
First, let’s define what is meant by “religion and belief” in law:
Religion can include:
- Organised religions such as Buddhism, Christianity and Islam
- Smaller religions that have a clear structure and belief system, such as Rastafarianism
- Non-belief / Lack of religion or belief
Philosophical beliefs must be:
- About a weighty and substantial aspect of human life and behaviour
- At a certain level of cogency, seriousness, cohesion and importance
- Genuinely held
- Not an opinion or viewpoint
- Worthy of respect in a democratic society
- Compatible with human dignity
- Not conflict with other people’s fundamental rights
In this case, the tribunal judge rules that the employee’s fear was a widely held opinion based on current information, and not a belief that’s protected in law. Her employer therefore had the right to cut her pay.
What this means to you
If you don’t think your workplace is Covid-secure, you might be able to raise a claim related to health and safety.
For example, does your workplace have adequate ventilation? Are there sufficient opportunities for social distancing? Do you have a serious health problem that should be taken into account?
Related reading: Philosophical beliefs
- Discrimination: Religion and belief
- Is veganism a protected belief?
- Is my belief protected under law?
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