The Herald

MOD set to challenge tribunal’s protected status ruling

- CONOR RIORDAN

AN appeal is to be launched against a ruling that a belief in Scottish independen­ce is “protected” under equality laws in a discrimina­tion case, according to an SNP councillor.

Chris Mceleny, SNP group leader on Inverclyde Council, is pursuing the Ministry of Defence (MOD), his former employer, claiming he was unfairly targeted over his support for the cause.

Following a preliminar­y hearing at an employment tribunal, Judge Frances Eccles was persuaded that Mr Mceleny’s backing for independen­ce “has a sufficient­ly similar cogency to a religious belief... to qualify as a philosophi­cal belief”.

It could therefore be relied upon as a “protected characteri­stic” for claiming discrimina­tion under the Equality Act 2010.

However, Mr Mceleny said he has now been informed that the UK Government department is appealing against the ruling to have it revoked.

His case centres around his treatment by his former employer when he announced his candidacy for the SNP depute leadership role in 2016.

He was also working as an electricia­n at the MOD munitions site in Beith, North Ayrshire. He previously said that around the time of the leadership hustings he was told his security clearance had been revoked and he was suspended.

Mr Mceleny added he was interviewe­d by national security officials on issues including his pro-independen­ce views.

He quit claiming he was unfairly targeted for his stance on leaving the UK and his support for the “social democratic values” of the SNP.

During legal proceeding­s, he cited a previous case, Grainger plc v Nicholson, which focused on an employee who believed he was made redundant over his belief in climate change, and included written submission­s from former first minister Alex Salmond.

Mr Mceleny argued his views were “genuinely held”, and “serious, cohesive and important”.

The hearing judgment noted: “The claimant was clear in his evidence that he does not believe in Scottish independen­ce because it will necessaril­y lead to improved economic and social conditions for people living in Scotland.

“It is a fundamenta­l belief in the right of Scotland to national sovereignt­y.”

An MOD spokesman said: “It would be inappropri­ate to comment on the details of an ongoing employment tribunal.”

 ??  ?? „ SNP councillor Chris Mceleny won the protected status ruling.
„ SNP councillor Chris Mceleny won the protected status ruling.

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