“Participation in the democratic process” a protected belief? Scottish Federation of Housing Associations v Jones

In Scottish Federation of Housing Associations v Jones [2022] EAT 114, Ms Jones was Head of Membership and Policy of the Federation. Her terms and conditions of employment included a clause headed “Political Activity”: it did not prevent her from belonging to a political party but did prevent her from having a “formal role” of a political nature. It was agreed that candidature at a General Election would have constituted a “formal role” [4].

In October 2019, she told her employers that she wished to stand for the Scottish Labour Party in Argyll and Bute at the next General Election. The Federation’s board told her that it did not consent to her doing so and she withdrew her candidature. In November, she was dismissed [5]. Continue reading