A UK employment tribunal has ruled that the holding of anti-Zionist views, including that Israel’s actions in Palestine constitute apartheid, ethnic cleansing, and genocide, is now protected under the country’s equality laws.  In a landmark judgment, the tribunal determined that this opinion belonged to a “philosophical belief,” thereby bringing it under the protection of the Equality Act because it was “worthy of respect in a democratic society.”

A tribunal ruled in the case of Professor David Miller, who was dismissed last year by the University of Bristol for making anti-Zionist statements.  Miller had filed a legal claim against the University for unfair dismissal, breach of contract, and discrimination or victimisation based on religion or belief.  In February, the tribunal ruled in his favour that the University had unfairly discriminated against him.  A tribunal published its 120-page judgment this week, explaining why Miller’s anti-Zionist views are covered by anti-discrimination laws.

In its judgment, the tribunal acknowledged that Miller’s beliefs were deeply held and had played a significant role in his life.  “Although many would vehemently and cogently disagree with [Miller]’s analysis of politics and history, others have the same or similar beliefs,” Judge Rohan Pirani wrote.  The tribunal’s reasoning was summed up in the judgment, which stated that Miller’s belief was within the protection of the law by characterisation as a ‘philosophical belief’ compatible with human dignity and does not conflict with the rights of others.

Professor Miller had been fired for saying that Israel wanted to “impose [its] will all over the world.” At his hearing, he argued that Zionism-the political movement for a Jewish homeland – was intrinsically racist, imperialist, and colonial.  He asserted that as he defined Zionism, it resulted in apartheid, ethnic cleansing, and genocide in the effort to achieve territorial dominance.  Notably, Miller argued that his anti-Zionism was not anti-Jewish or anti-Semitic.

The tribunal supported Miller’s right to hold and express his beliefs, marking them as coherent, long-standing and well-thought-through.  “His views on this subject have been an important part of his life for many years,” the panel noted, adding that Miller’s belief that Zionism and racism are ideologically connected was coherent and compelling.  It also emphasised that his statements were lawful and did not incite violence or pose any safety risk.

The judgment also condemned the University of Bristol’s decision to sack Miller, saying that the university acted discriminately because its actions in dismissing Miller’s employment had been based on his protected belief.  “The University’s reason for dismissing him was, therefore, his belief, and accordingly was discriminatory,” the tribunal concluded.

This judgment may well become a precedent of great importance in the UK regarding what institutions should do regarding problematic political beliefs and opinions in sensitive areas such as Zionism/Israel-Palestine.  The compensation that Professor Miller will receive after the judgment will be decided in a different hearing.

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