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Daily Record
Daily Record
National
Record Reporter

Rangers fan launches discrimination case claiming following team is 'philosophical belief'

A subcontractor has launched a discrimination case, claiming his support for Rangers Football Club constitutes a 'philosophical belief'.

Edward McClung, 50, believes he was discriminated against by two firms by not offering him work because he's a diehard fan of the reigning Scottish champions.

Both firms have tried to get the case thrown out at an employment tribunal but Mr McClung insists his allegiance to Rangers amounts to a philosophical belief.

A judge will now consider whether Mr McClung's claim has any merit.

The unusual case is thought to be the first of its kind.

Mr McClung is self-employed through his company McClung Strategy and Projects Ltd and carried out work for energy construction firm Doosan Babcock via recruiters NRL from January to June in 2019.

The tribunal heard Mr McClung alleged Doosan Babcock manager Donald Ross didn't offer him later work due to the team he supports.

He also claimed he was discriminated against when an unnamed worker said to Mr McClung that Doosan Babcock worker Ian Chisholm was "unusually OK for a Rangers fan".

Mr McClung, thought to be from Falkirk, brings claims of religion and philosophical belief discrimination relating to his support of Rangers and his protestant faith.

But, lawyers for Doosan Babcok, NRL and Mr Ross said his claims were "sparse" and questioned: "Could support for Rangers Football Club ever amount to a philosophical belief?"

Both firms and Mr Ross' solicitor urged Employment Judge Lucy Wiseman to dismiss the claims, arguing they have 'no reasonable prospect of success'.

Lawyers argue "even if Mr McClung was successful in his position that support for Rangers Football Club was a philosophical belief, that still doesn't get him home with his claim".

They say "Mr McClung had not explained the causal link between the treatment and the protected characteristic".

Mr McClung wishes to have a preliminary hearing dedicated to deciding whether support for Rangers amounts to a philosophical belief, a tribunal report said.

Judge Wiseman adjourned the tribunal to give Mr McClung time to prepare his case for his religion and philosophical belief claim.

Judge Wiseman said, currently, his case makes no make 'no reference at all to religion, nor to Protestant or Christian'.

At the next hearing it will be decided if his claims have any chance of success. If this is not deemed to be the case then the claims will be thrown out.

Mr McClung will also argue an unfair dismissal claim, however Doosan Babcock and NRL say it should be struck out as he was not technically employed by them.

Examples of philosophical beliefs in the workplace include pacifism, humanism and atheism.

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