Employment tribunal cases involving protected beliefs have increased by 380% in just five years. From ethical veganism to gender-critical views to religious convictions, tribunals are being asked to rule on some of the most sensitive and divisive issues in modern workplaces.
For HR managers and business owners, this isn’t a trend you can afford to ignore. These cases are complex, the stakes are high, and getting it wrong can be costly – both financially and reputationally.
So what’s driving the rise? What actually counts as a protected belief? And how can you make sure your organisation is ready to handle these situations properly?
Let’s break it down.
The Numbers: What’s Actually Happening?
According to recent analysis by TWM Solicitors, the number of employment tribunal cases involving religion or belief has jumped from just 6 in 2021 to 29 in 2025. That’s a significant increase – and it reflects a broader shift in how employees understand and assert their rights at work.
The most common types of claims in the past year were:
Religious beliefs – 31% of cases
Gender-critical views and transgender rights – 24% of cases
These are sensitive, emotive topics. And they’re landing on HR desks and tribunal benches with increasing frequency.
What Counts as a Protected Belief?
Under the Equality Act 2010, “religion or belief” is one of nine protected characteristics. That means employees are protected from discrimination, harassment and victimisation because of their religion or their philosophical beliefs.
But not every belief qualifies for protection. To count as a protected philosophical belief, it has to meet a specific legal test – often called the Grainger criteria (named after a landmark case). The belief must be:
- Genuinely held
- A belief, not just an opinion or viewpoint based on information
- About a weighty and substantial aspect of human life and behaviour
- Serious, cohesive and important enough to merit respect
- Worthy of respect in a democratic society – and not in conflict with the fundamental rights of others
That’s quite a high bar. And it’s why some beliefs have been found to be protected – while others haven’t.
Examples of beliefs that have been protected:
- Ethical veganism (a genuine conviction about animal welfare and the environment)
- Belief in the importance of climate change action
- Gender-critical beliefs (the belief that sex is biological and immutable)
- Religious beliefs of various faiths
Examples of beliefs that have not been protected:
- Vegetarianism (found not to be cogent or substantial enough)
- Being a fan of Rangers FC (yes, this was actually tested – and it failed)
- General political party support (in most cases)
The line isn’t always obvious, which is part of what makes this area so tricky for HR.
Why Are Cases Increasing?
There’s no single reason for the rise, but a few factors are clearly at play.
Greater awareness of rights. High-profile cases – like Maya Forstater’s gender-critical belief claim and Jordi Casamitjana’s ethical veganism case – have brought this area of law into the spotlight. Employees are more aware that their beliefs may be protected.
More diverse workforces. As teams become more diverse, there’s a wider range of beliefs, values and perspectives in the workplace. That’s a strength – but it can also create friction if not managed well.
Social media and public debate. Sensitive topics are being discussed more openly (and sometimes more heatedly) in public. That inevitably spills over into the workplace.
Employers getting it wrong. Some employers overreact to the expression of a belief and discipline employees unfairly. Others fail to act when behaviour crosses a line. Both can end up in tribunal.
The Real HR Challenge: Belief vs Behaviour
This is where it gets difficult, and where a lot of employers come unstuck.
Here’s the key thing to understand: holding a belief is protected. But the way someone expresses or acts on that belief may not be.
Let’s say an employee holds a gender-critical belief. That belief is protected. But if they use that belief to harass, demean or mistreat a transgender colleague, that behaviour is not protected – and can (and should) be addressed.
The same applies to religious beliefs. An employee is entitled to hold and express their faith. But if they impose their views on others, or treat colleagues differently because of their own beliefs, that’s a conduct issue.
For HR, this means walking a fine line:
- Respecting an employee’s right to hold a belief
- Protecting other employees from harassment or discrimination
- Addressing behaviour without penalising belief
- Managing complaints from multiple perspectives fairly
- Get the balance wrong in either direction and you could be facing a tribunal claim – either from the employee whose belief wasn’t respected, or from colleagues who felt unprotected.
It’s not easy. But it is manageable – with the right approach.
What Should Employers Do? Practical Steps for HR
If this all sounds a bit daunting, don’t worry. There are clear, practical steps you can take to reduce risk and handle these situations well.
1. Review Your Policies
When was the last time you looked at your equality, dignity at work and disciplinary policies? Do they clearly reflect the law on protected beliefs? Do they distinguish between beliefs (which are protected) and behaviour (which can be managed)?
If your policies are vague or out of date, now’s the time to update them. Clear policies give you a solid foundation if issues arise.
2. Train Your Managers
Your managers are often the first people to hear about a problem – or to witness one. They need to understand the basics of protected beliefs and how to respond appropriately.
That doesn’t mean they need to become legal experts. But they should know:
- That beliefs can be protected under the Equality Act
- That behaviour is a separate issue
- How to handle sensitive conversations without overreacting or dismissing concerns
- When to escalate to HR or seek advice
- A bit of training goes a long way in preventing small issues from becoming big ones.
3. Foster a Respectful Culture
You can’t (and shouldn’t) try to prevent employees from having beliefs – or even from expressing them. But you can set clear expectations about how people treat each other at work.
A culture of respect and dignity doesn’t mean everyone has to agree. It means everyone has to behave professionally and treat colleagues with decency, regardless of differences.
If your culture is strong, many of these issues will never escalate in the first place.
4. Handle Complaints Carefully
When a complaint does come in – whether it’s from someone who feels their belief isn’t being respected, or from someone who feels they’ve been mistreated because of someone else’s belief – take it seriously.
Investigate fairly. Focus on behaviour and impact, not on whether you personally agree with the belief in question. Document everything. And don’t rush to judgment.
These cases often have strong feelings on all sides. A calm, fair process is essential.
5. Seek Advice Early
This is one of those areas where getting it wrong can be expensive – in tribunal costs, compensation and reputation. If you’re not sure how to handle a situation, get advice early.
Whether it’s a policy question, a tricky conversation or a live complaint, having expert HR support on hand can save you a lot of stress (and money) down the line.
How Supportis Can Help
At Supportis, we help businesses navigate exactly these kinds of challenges – the ones that don’t come with a simple answer.
We can support you with:
- Reviewing and updating your policies to make sure they reflect current law and best practice
- Training for managers on handling sensitive issues, including protected beliefs
- Practical guidance when issues arise – so you can act quickly and correctly
- Support through investigations and difficult conversations – so you’re not doing it alone
Whether you’re dealing with a live issue or you just want to make sure you’re prepared, we’re here to help.
And if you’re not sure how your organisation would handle a protected belief claim? Let’s have a conversation now, before it becomes a tribunal case.
Key Takeaways
Let’s wrap up with the essentials:
- Protected belief claims are rising – and the trend shows no signs of slowing down
- Not every belief is protected – but many are, including some you might not expect
- The key distinction is belief vs behaviour – you can’t penalise someone for what they believe, but you can address how they act
- HR needs clear policies, trained managers and a respectful culture to handle these situations well
- Getting advice early can prevent costly mistakes – don’t wait until it escalates
In a world where beliefs are more visible and more contested than ever, how you handle these issues says a lot about your organisation.
Make sure you’re ready.
Need help with navigating protected beliefs in your workplace?
Supportis offers practical, down-to-earth HR support for businesses across the UK. Get in touch to find out how we can help.
