A sociology professor sacked by the University of Bristol after being accused of antisemitic comments has won a “landmark” decision that he was discriminated against because of his anti-Zionist beliefs.
An employment tribunal ruled that Prof David Miller was unfairly dismissed, and that his “anti-Zionist beliefs qualified as a philosophical belief and as a protected characteristic pursuant to section 10 Equality Act 2010”.
Rahman Lowe, the legal firm that represented Miller, hailed it as “a landmark decision”. It said: “This judgment establishes for the first time ever that anti-Zionist beliefs are protected in the workplace.”
The Union of Jewish Students said Monday’s judgment “may set a dangerous precedent about what can be lawfully said on campus about Jewish students and the societies at the centre of their social life. This will ultimately make Jewish students less safe.”
Miller initially caused controversy in 2019 when in a lecture he cited Zionism as one of five sources of Islamophobia, and showed a diagram linking Jewish charities to Zionist lobbying. Complaints that this resembled the antisemitic trope that Jews wield secretive influence on political affairs were dismissed by the university on academic freedom grounds.
Since then, comments by Miller in online lectures describing Israel as “the enemy of world peace” and a description of the Jewish Society as an “Israel lobby group” that had “manufactured hysteria” about his teaching further inflamed tensions.
Academics across the world signed rival letters. One described Miller’s views on Zionism as a “morally reprehensible” conspiracy theory that jeopardised community relations on campus, while another warned that the investigation into him was fomenting a “culture of self-censorship and fear”, and urged the university to defend freedom of speech.
Miller’s case contended that he was subject to an organised campaign by groups and individuals opposed to his anti-Zionist views, which was aimed at securing his dismissal. The university subjected him to “discriminatory and unfair misconduct proceedings which culminated eventually in his summary dismissal”, he said.
At the time, the university said that although legal counsel had found that Miller’s alleged comments “did not constitute unlawful speech”, a disciplinary hearing had concluded that he “did not meet the standards of behaviour we expect from our staff”.
In the 108-page judgment delivered on Monday, the Bristol employment tribunal ruled Miller had experienced discrimination based on his philosophical belief and had succeeded in his claim for wrongful dismissal.
Zillur Rahman, Miller’s lawyer, said the case “marks a pivotal moment in the history of our country for those who believe in upholding the rights of Palestinians”.
The ruling would be “welcomed by many who at present are facing persecution in their workplaces for speaking out against the crimes of the Israeli state, and the genocide taking place in Gaza”.
Miller would be seeking “maximum compensation”, he said.
The tribunal ruled any award would be reduced by half “because the claimant’s dismissal was caused or contributed to by his own actions”.
Miller said he was “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 for taking the case and I hope it will become a touchstone precedent in all the future battles that we face with the racist and genocidal ideology of Zionism and the movement to which it is attached.”
The University of Bristol said it was “disappointed”, adding: “We recognise that these matters have caused deep concern for many, and that members of our community hold very different views from one another. We would, therefore, encourage everyone to respond in a responsible and sensitive way in the current climate.”
The tribunal hearing took place in October, just days after Hamas committed atrocities against Israelis living close to the Gaza border, and triggered a war that has devastated Gaza and left more than 27,000 people dead. The past four months have seen bitter divisions around the world on the issues.
But a longer backdrop to the Miller tribunal has played out on university campuses in particular, in the UK, US and elsewhere, centring on freedom of speech, the definition of antisemitism and whether anti-Zionism equates with being anti-Jewish.
