Groundbreaking success in labor court for academic dismissed over Israeli comments

By | February 6, 2024

A university academic who was dismissed after making comments critical of Israel has successfully claimed she was discriminated against for her anti-Zionist beliefs in a landmark employment tribunal ruling.

Professor David Miller was also found to have been unfairly and unfairly dismissed by the University of Bristol in October 2021.

During the disciplinary hearing, it was determined that the lecturer, who worked as a professor of political sociology, “did not meet the standards of conduct” expected from university staff.

Prof Miller brought employment tribunal proceedings alleging unfair dismissal, breach of contract and discrimination or victimization on grounds of religion or belief.

At the end of the hearings, Professor Miller had successfully claimed discrimination “based on his philosophical belief that Zionism is inherently racist, imperialist and colonialist, a characteristic protected under the Equality Act 2010”, his legal representatives Rahman Lowe announced on Monday.

“This decision demonstrates for the first time that anti-Zionist beliefs are protected in the workplace,” the company said.

Prof Miller said he was “very proud” to find that anti-Zionist views qualified as a protected belief.

“I am extremely pleased that the court concluded that I was unfairly and unjustly dismissed by the University of Bristol,” he said.

“I am also very proud that we have managed to establish that anti-Zionist views qualify as a protected belief under the UK Equality Act.

“This was the most important reason why we took the case, and I hope this case will be a cornerstone in all future wars we will face against the racist and genocidal ideology of Zionism and the movement to which it is affiliated.

“The determination that I was fired for my anti-Zionist views is a great testament to my case throughout this process.

Wills Memorial Building

Professor David Miller took Bristol University to employment tribunal (Ben Birchall/PA)

“The University of Bristol maintained that I was expelled because Zionist students were offended by various remarks I made, but it was clear from the evidence of their own witnesses that this was untrue, and the anti-Zionist nature of my comments was the decisive factor.”

Zillur Rahman, who represented the academic in court, said his client was “acquitted”.

He said: “This is a turning point and marks a pivotal moment in our country’s history for those who believe in defending the rights of Palestinians.

“The timing of this decision will be welcomed by many who currently face persecution in their workplaces for speaking out against the crimes of the state of Israel and the genocide in Gaza.

“I am very happy for our client, David, who came to his senses.”

The lawyer said his client would seek “maximum compensation” due to the impact the events had on his career.

The court sparked controversy when Prof Miller said during a university lecture in 2019 that the Zionist movement was one of the five pillars fueling Islamophobia in the UK.

The University of Bristol subsequently received a complaint from the Community Security Trust charity, which said his speech was “wrong, vile… an anti-Semitic slur”.

Following the investigation into the complaint, no action was taken against Prof Miller, who is of Scottish origin.

However, further complaints were made about him to the university after he attended an event called “Building the free speech campaign” in February 2021, where he mentioned that he had been publicly criticized for his views on Palestine and Israel.

This led to the initiation of disciplinary proceedings, which resulted in his dismissal in October 2021.

The University of Bristol said in a statement that it accepted the tribunal’s decision but was “disappointed in its findings”.

The statement continued: “After a thorough investigation and careful deliberation, the university has concluded that Dr. Miller did not meet the standards of conduct we expect from our staff regarding comments he made about students and university-affiliated student bodies in February 2021.”

“As a result, he was terminated considering our responsibilities towards our students and the university community.

Professor David Miller trialProfessor David Miller trial

Professor David Miller says he was unfairly dismissed (Ben Birchall/PA)

“We recognize that these issues cause deep concern for many people and that members of our community have widely divergent views.

“We therefore encourage everyone to respond responsibly and sensitively in the current environment.”

The university added: “The University of Bristol is committed to fostering a positive working and learning environment that enriches lives and upholds the fundamental principles of academic freedom.

“The University is carefully reviewing the court’s lengthy decision, and it would be inappropriate to comment further in light of this review.”

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