Being a Rangers fan is not protected by the Equality Act, Employment Tribunal rules

Diego Maradona once said, “Football isn’t a game, nor a sport, it’s a religion”, but an Employment Tribunal has found that this is not the case.

Towards the end of last year, a Glasgow Rangers fan made a claim of discrimination on the grounds of philosophical belief. Edward McClung said he was denied work by a Celtic fan due to his support of Rangers, and that being a Rangers fan is a philosophical belief.

He is quoted as saying: “I live my life in accordance with being a Rangers fan. I don’t go to church. I go to Rangers. It’s a belief to me.”

Kate Palmer, HR Advice and Consultancy Director at Peninsula, says: “There’s been a long list of claims for protection under the philosophical belief argument. Ethical veganism, spiritualism, Scottish Independence, and a belief in never lying are all considered philosophical beliefs, but the Employment Tribunal has found that being a Rangers fan is not.

“In reaching this decision the Tribunal looked at whether Mr McClung’s claim passed the Grainger test, a test that all beliefs need to pass to be protected. The test includes looking at whether it is a belief, if it is genuinely held, a weighty and substantial aspect of human life and behaviour, worthy of respect in a democratic society and if it has cogency/cohesion.

“The tribunal found that while Mr McLung is a genuine Rangers fan, it should be classed as support and a lifestyle choice rather than a belief. The judge ruled that the ways in which the claimant manifested being a fan were all matters personal to him, i.e. they are subjectively important and not necessarily important to the masses.

“The judge also said that while support of Rangers is worthy of respect in a democratic society, it does not reach the level required to be a protected belief in same way as religion.

“However, best practice employers will ensure they treat all employees equally, regardless of any personal attributes, to avoid the risks of tribunal claims. Equality and inclusion in the workplace always lead to increased motivation and productivity amongst employees, as well as long-term retention.”