Claimant v Sensient Flavors LLC
Outcome
Individual claims
This is a preliminary hearing dealing with protected belief, strike-out applications and case management. The substantive claims including unfair dismissal have not yet been determined.
Alternative basis for claiming unfair dismissal. Not yet determined at this preliminary hearing stage.
Breach of contract claim not yet determined at this preliminary hearing stage.
The tribunal determined that the claimant's beliefs (regarding white middle-aged male privilege and female disadvantage) do constitute protected philosophical beliefs under s.10 Equality Act 2010, applying Grainger criteria. The substantive discrimination claim has not yet been determined.
Alternative basis for direct discrimination claim. Not yet determined at this preliminary hearing stage.
Harassment claim based on protected philosophical belief. Not yet determined at this preliminary hearing stage.
Alternative basis for harassment claim. Not yet determined at this preliminary hearing stage.
Victimisation claim not yet determined at this preliminary hearing stage.
Facts
The claimant was employed as a Senior HR Manager from July 2014. Her employment ended in disputed circumstances in October/November 2023, with the claimant alleging dismissal and the respondent contending resignation. The claimant brought claims including unfair/constructive dismissal, wrongful dismissal, and discrimination based on philosophical belief and sex. At a preliminary hearing the tribunal had to determine whether the claimant's stated beliefs (that white middle-aged men have unconscious privilege and that women remain disadvantaged) constituted protected philosophical beliefs under s.10 Equality Act 2010.
Decision
The tribunal held that the claimant's two beliefs did constitute protected philosophical beliefs under the Equality Act 2010, applying the Grainger criteria. The tribunal found the beliefs crossed the threshold from widely-held opinions into philosophical beliefs that guide the claimant's behaviour. One allegation was struck out (termination of employment) but otherwise the respondent's strike-out and deposit order applications were dismissed. The claimant's costs application was also dismissed.
Practical note
Beliefs about systemic gender inequality and male privilege in the workplace can constitute protected philosophical beliefs under the Equality Act 2010 if they go beyond opinions to become guiding principles that affect how a person lives their life, even if narrowly defined and potentially offensive to some.
Legal authorities cited
Statutes
Case details
- Case number
- 3302208/2024
- Decision date
- 18 June 2025
- Hearing type
- preliminary
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Senior Human Resources Manager
Claimant representation
- Represented
- Yes
- Rep type
- barrister