Holding the view that Israel’s actions in Palestine amount to apartheid, ethnic cleansing and genocide are now protected under equality laws, a UK tribunal concluded in a landmark decision.

The employment tribunal unanimously found that anti-Zionist views qualified as a ‘philosophical belief’ and a protected characteristic under the Equality Act and were ‘worthy of respect in a democratic society’.

In February, the tribunal ruled that the University of Bristol unfairly discriminated against Professor David Miller when it fired him in 2021 over his anti-Zionist views.

This week, the tribunal published its 120-page judgment explaining why Miller’s beliefs are protected under anti-discrimination laws. 

“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 said in the judgment. 

“We find that he has established that [the criteria] have been met and that his belief amounted to a philosophical belief.”

The panel said his beliefs were “worthy of respect in a democratic society, [are] not incompatible with human dignity and [do] not conflict with the fundamental rights of others”.

Professor Miller was dismissed in 2021 after claiming Israel wanted to “impose [its] will all over the world”.

He filed an employment tribunal case for unfair dismissal, breach of contract and discrimination or victimisation on grounds of religion or belief.

During the hearing, Miller said Zionism is ‘inherently racist, imperialist, and colonial’ and considers it to be ‘offensive to human dignity on that basis’.

He added it was ‘ideologically bound to lead to the practices of apartheid, ethnic cleansing, and genocide in pursuit of territorial control and expansion’, but was clear his anti-Zionist stance did not mean opposition to Jews or Judaism.

Professor Miller’s anti-zionist views lawful

The tribunal’s judgment acknowledged Professor Miller’s expertise on Zionism and found his anti-Zionist beliefs to be genuinely held and long-standing: “He is and was a committed anti-Zionist and his views on this topic have played a significant role in his life for many years. His views were deeply held and not amenable to change.”

The panel added: ‘His belief, as articulated, was and is that if Israel were to abandon or reverse all of its racist policies, laws and practices, it would cease not only to be racist but also to be Zionist.’

‘We conclude that his account as to the nature of Zionism is at least coherent and cogent.”

Judge Pirani concluded that Professor Miller’s dismissal was based on expressions of his belief: “Although, as we have indicated, there is fault in what he did, we also remind ourselves that even on the respondent’s analysis what (Prof Miller) said was accepted as lawful, was not antisemitic and did not incite violence and did not pose any threat to any person’s health or safety.’

“The University’s reason for dismissing him was therefore his belief, and as a result was discriminatory.”

The tribunal ruled in favour of Professor Miller on claims of unfair and wrongful dismissal. A separate hearing will be held to determine his compensation.

Image credit: Support David Miller website