Binding Precedent: Appeal Tribunal Upholds Protection for Anti-Zionist Beliefs

The Employment Appeal Tribunal dismissed almost all of Bristol University's challenge, confirming David Miller was unlawfully discriminated against and unfairly dismissed

A British appeals tribunal has upheld a landmark ruling in favour of the academic David Miller, confirming that anti-Zionist beliefs are protected under UK equality law and dismissing almost all of the University of Bristol’s appeal against findings of unlawful discrimination and unfair dismissal.

The Employment Appeal Tribunal (EAT) rejected the university’s challenge to an earlier Employment Tribunal judgment, which found that Miller — a producer and co-host of Press TV’s weekly programme Palestine Declassified — had been unlawfully discriminated against and unfairly dismissed on account of his anti-Zionist philosophical beliefs.

Tuesday’s ruling establishes a binding precedent that such beliefs fall under the protection of the Equality Act 2010, making it unlawful to discriminate against someone for holding the view that Zionism is inherently racist, imperialist and colonial, and ought to be opposed.

The tribunal’s reasoning

Miller, a professor of political sociology whose research covers propaganda, lobbying and state power, was dismissed by Bristol in October 2021 following a sustained campaign over his criticism of Zionism, Israel, and pro-Israel lobbying organisations.

The appeal court upheld the tribunal’s finding that his expression of those beliefs had a “material impact” on the decision to dismiss him, and reaffirmed that the protection of free speech carries particular weight where political speech is concerned.

Rejecting the university’s argument that Miller’s views amounted to political opinion rather than philosophical belief, the EAT held that his critique of Zionism qualifies for protection under Section 10 of the Act. In a key passage, it said it was coherent to describe as “racist” an ideology promoting the establishment of a state for only “one race of people” in territory inhabited by another population, and legitimate to describe the migration of that group into the territory with the support of an imperial power as “colonial and imperialistic.”

The court also restated the earlier finding that Miller “did not oppose or have antipathy towards Jews or Judaism,” noting that the university had not alleged during the original proceedings that his statements were antisemitic.

‘No vice-chancellor can ever again’

Responding to the judgment, Miller said the university had for years capitulated to an intimidation campaign aimed at criminalising his sociological research. He pointed to the court’s statement that universities “ought to be prepared to face and to weather criticism and reputational damage which flows from the exercise by its academics of their rights to speak and think freely and lawfully.”

“The binding legal precedent we have established in my case means no vice-chancellor can ever again lawfully sack an academic or suspend a student simply for identifying the structural racism, colonialism and imperialism inherent in the Zionist project,” he said. “Nor can any other employer.”

Miller said he was looking forward to returning to his post as professor of political sociology at Bristol, adding that it mattered that his career be reinstated so he could work in higher education “without fear of intimidation or reprisal.”

The judgment is expected to carry significant implications for universities and employers across the United Kingdom, strengthening legal protections for philosophical belief and academic freedom.

Reference: PressTv