https://arab.news/4am99
- Although Miller won his case, the tribunal acknowledged that his public statements “contributed” to his dismissal
LONDON: An employment tribunal in the UK has ruled that an academic’s anti-Zionism should be protected under anti-discrimination laws as a “philosophical belief,” concluding that his views were “worthy of respect in a democratic society.”
The judgment came after Prof. David Miller’s dismissal from the University of Bristol in 2021, where he taught political sociology, for alleged antisemitic remarks in which he argued Zionism was inherently “racist, imperialist, and colonial,” leading to apartheid and ethnic cleansing.
The tribunal, which first ruled in February that Miller had been unfairly discriminated against, has now published a 120-page judgment outlining its decision, acknowledging the divisive nature and controversy of his comments but concluding that his beliefs were genuinely held and protected.
Judge Rohan Pirani said: “Although many would vehemently and cogently disagree with (Miller)’s analysis of politics and history, others have the same or similar beliefs. We find that he has established that (the criteria) have been met and that his belief amounted to a philosophical belief.”
The tribunal also recognized Miller’s expertise in the field and confirmed that his dismissal was due to the expression of these protected beliefs.
Miller gave a lecture in 2019 in which he identified Zionism as a pillar of Islamophobia, which prompted complaints from Jewish students and led the Community Security Trust, which campaigns against antisemitism, to call his remarks a “disgraceful slur.”
A university review found Miller had no case to answer because he did not express hatred toward Jews, but he was dismissed for gross misconduct two years later after sending an email to the university’s student newspaper.
In the email, he said, “Zionism is and always has been a racist, violent, imperialist ideology premised on ethnic cleansing” and claimed the university’s Jewish Society was tantamount to an “Israel lobby group.”
His statements were deemed offensive, leading to his eventual sacking.
However, the tribunal found that Miller’s comments were lawful and did not incite violence.
“What (Miller) said was accepted as lawful, was not antisemitic and did not incite violence and did not pose any threat to any person’s health or safety,” the tribunal decided.
Pirani found that Miller’s anti-Zionism did not equate to antisemitism or opposition to Jewish self-determination, but rather “opposition to Zionism’s realization of exclusive Jewish rights within a land that also includes a significant non-Jewish population.”
Although Miller won his case, the tribunal acknowledged that his public statements “contributed” to his dismissal, resulting in any compensation being reduced by 50 percent. The final amount will be determined in a future hearing.