The University of Bristol has lost its appeal against a tribunal ruling that a professor was unlawfully dismissed because of his anti-Zionist beliefs.

The Employment Appeal Tribunal (EAT) upheld findings that Dr David Miller, a professor of political sociology, was directly discriminated against when he was sacked in October 2021 for gross misconduct over comments he made about Zionism and Israel .

Lord Fairley, President of the EAT, rejected the university’s argument that anti-Zionist beliefs were merely political opinions and therefore excluded from protection under the Equality Act 2010. The tribunal confirmed that Miller’s belief that “political Zionism is inherently racist, imperialistic and colonial” qualifies as a protected philosophical belief .

The case arose from comments Miller made in February 2021, including a speech where he said Zionism was racist and ‘must be ended’, and an email describing Jewish student groups as ‘political pawns’ of a ‘violent, racist foreign regime’

While the tribunal acknowledged Miller’s comments about students were blameworthy, it concluded his dismissal was disproportionate. The EAT noted that Miller’s speech was lawful, was not found to be antisemitic, and did not incite violence .

The university’s appeal was dismissed on all substantive grounds, though the EAT sent back for reconsideration a finding that there was a 30% chance Miller would have been fairly dismissed anyway .

Miller described the judgment as ‘a remarkable and extremely welcome vindication’ and said he looks forward to returning to work at the university .

The university said it was disappointed with the findings but remains committed to protecting free speech exercised ‘appropriately’.

Photo: Korng Sok