University loses appeal over sacked academic
Getty ImagesA university has lost its appeal after a tribunal ruled that it discriminated against an academic by sacking him over his anti-Zionist views and criticism of Israel.
Prof David Miller was dismissed by the University of Bristol in October 2021 on the grounds that he "did not meet the [university's] standards of behaviour".
He successfully appealed against his sacking in 2024 and claimed unfair dismissal, breach of contract and discrimination or victimisation on the grounds of religion or belief.
A university spokesperson said they were "disappointed" with the findings of the Employment Appeal Tribunal (EAT).
Miller, who worked at the university as a lecturer of political sociology, attracted criticism for a "false, vile… antisemitic slur" in a lecture in 2019.
He made further comments against Zionism at a Campaign for Free Speech event in 2021 and was also criticised by the Bristol Jewish Society.
He later called some Jewish student groups "political lobby groups" and described Jewish students at British universities as "political pawns by a violent, racist foreign regime engaged in ethnic cleansing".
In a subsequent email to a student journalist, he said Zionism "has no place in any society" with the comments leading to the disciplinary process.
'Contributory fault'
A tribunal held in 2024 found the professor's former employers discriminated against him based on his anti-Zionist beliefs and that he was wrongfully and unfairly dismissed.
It also found that the amount of compensation he should receive - which is yet to be determined - should be halved because of the "contributory fault" of Miller to his own dismissal, based on comments he made about Jewish students and student groups.
The university appealed against the findings and told EAT that his anti-Zionist beliefs were political and therefore not protected under the Equality Act.
It also argued that the tribunal had wrongly upheld Miller's unfair dismissal claim and that his "contributory fault" should have seen his compensation reduced by 100%.
'Standards of behaviour'
In a ruling earlier, Lord Fairley, the president of the tribunal, dismissed most of the university's appeal.
He said he saw "no good reason why the beliefs relied upon by the claimant in this case should be excluded from protection simply because they related to an issue of social importance which might, broadly, also be categorised as 'political'".
Miller also appealed against the tribunal's decision that it was not an act of direct discrimination by the university to find him guilty of misconduct, to dismiss his harassment complaint, and to reduce his compensation, but these were also dismissed by the EAT.
Following the judgment, a spokesperson for the university said: "Our core objectives are to ensure all our students thrive at the University of Bristol and to protect freedom of speech and expression, a fundamental part of that care and consideration.
"At the same time, we have an obligation to make sure that these essential and important freedoms are exercised appropriately and in line with our codes of conduct and the expectation of the highest standards of behaviour.
"We will continue to provide an environment where our staff and students can debate difficult and contentious issues, fostering a positive working and learning environment where free speech and academic freedom are championed."
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