MOD set to challenge tribunal’s protected status ruling
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 He previously said that around the time of the leadership hustings he was told his security clearance had been revoked and he was suspended.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.”