The belief that Israel’s actions amount to apartheid, ethnic cleansing and genocide are “worthy of respect in a democratic society”, an employment tribunal has concluded in a landmark decision.
In February the tribunal ruled that Prof David Miller was unfairly discriminated against when he was dismissed by the University of Bristol over allegations of making antisemitic remarks, in a decision the Union of Jewish Students said set a dangerous precedent.
The tribunal has now published its 120-page judgment setting out why Miller’s beliefs warranted protection under antidiscrimination laws.
Passing the ruling, the employment 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.”
Miller, who lectured at the university on political sociology, told the panel he thought Zionism was “inherently racist, imperialist and colonial”.
He added that Zionism was “ideologically bound to lead to the practices of apartheid, ethnic cleansing and genocide in pursuit of territorial control and expansion”. But he told the panel that his anti-Zionism did not equate to opposition towards Jews.
The panel’s judgment noted Miller’s expertise on Zionism.
Two Jewish students complained about a 2019 lecture by Miller in which he identified Zionism as one of the five pillars of Islamophobia, the panel heard. The Community Security Trust, which campaigns against antisemitism, said Miller’s remarks were a “disgraceful slur”.
A review commissioned by the university found Miller had no case to answer because he did not express hatred towards Jews.
In an email to the university’s student newspaper sent in February 2021 Miller said: “Zionism is and always has been a racist, violent, imperialist ideology premised on ethnic cleansing.” In the message he also claimed the university’s Jewish Society was an “Israel lobby group”.
A separate review found these statements had been offensive to many, and in a hearing they were found to be “wrong and inappropriate”. He was then sacked for gross misconduct, the panel heard.
When his appeal was rejected he took the university to a tribunal, which he won earlier this year.
On Miller’s anti-Zionism beliefs, Pirani said: “We conclude that they have played a significant role in his life for many years. We are satisfied that they are genuinely held.
“He is and was a committed anti-Zionist and his views on this topic have played a significant role in his life for many years.”
The panel found his belief had met the criteria of being “worthy of respect in a democratic society, be not incompatible with human dignity and not conflict with the fundamental rights of others”.
The judge continued: “[Prof Miller]’s opposition to Zionism is not opposition to the idea of Jewish self-determination or of a preponderantly Jewish state existing in the world, but rather, as he defines it, to the exclusive realisation of Jewish rights to self-determination within a land that is home to a very substantial non-Jewish population.
While finding it was “extraordinary and ill-judged” to express himself publicly in the way he did, the judge added: “The decision to dismiss was ... because of manifestations of [Miller]’s belief.
“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 panel found what Miller said in his email “contributed to and played a material part in his dismissal”. As a result, whatever compensation he is awarded will be halved. His compensation will be decided later at a remedy hearing.
