Not it seems a fear of catching Covid! Perhaps that’s not really too much of a surprise?  The Equality Act 2010 allows for the protection of philosophical beliefs, and you may remember that this protection does extend to ethical veganism (see our earlier blog on this). The issue of whether protection extended to concerns about catching Covid and passing it on to vulnerable relatives was recently tested in the Employment Appeal Tribunal in the case of X v Y (yes, that’s really what the case is called!)

Following the first Covid national lockdown the employee refused to return to work, explaining her concerns, but her employer stopped paying her. The Employment Appeal Tribunal helpfully set out the requirements which must be met for a belief to count under the Equality Act. It must be:

1. Genuinely held

2. Be a belief and not a viewpoint

3. Relate to something important or substantial in human life or behaviour

4. Have a level of gravity and importance

5. Be a belief to which respect can be attached in a democratic society

The EAT held that the fear of Covid did not meet the second and third tests. The applicant’s fear did not amount to a belief to meet the second requirement and in relation to the third her fear was only for herself and her partner and not for wider society and accordingly it failed the test.

If you’re examining protected beliefs under the Equality Act this is a nice little case to add into the mix! Don’t forget though that there are other possible employment issues arising in relation to Covid, if you have to consider Covid don’t forget potential whistleblowing activity or the possibility of disability discrimination in respect of vulnerable members of staff.