The University of Bristol has lost its appeal against an employment tribunal ruling that found that anti-Israel views expressed by a sociologist should have been seen as “philosophical beliefs” protected under the Equality Act.

Bristol has mostly failed in its attempt to overturn a ruling from two years ago that it had “acted unreasonably” in its response to David Miller’s anti-Zionist “conduct”, which brought to an end his three-year-stint as a professor at the institution.

In a statement the university said it was  with the decision while Miller hailed it as a victory for “the entire anti-Zionist movement”.

Miller, a professor of political sociology whose work focuses on issues relating to Islamophobia, had given a lecture in 2019 calling the Zionist movement one of five pillars driving Islamophobia in the UK.

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After a complaint was made to Bristol by Jewish charity the Community Security Trust, and further complaints from students, an investigation was launched – initially finding Miller had no case to answer.

But his subsequent comments, including saying that Jewish students were “being used as political pawns by a violent, racist foreign regime”, led to further probes by the university and a disciplinary procedure which led to his dismissal.

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Miller subsequently pursued legal action, and won his claim for unfair dismissal and discrimination in February 2024.

Bristol appealed on nine grounds but only one was partially upheld – with the judge questioning how the earlier tribunal found there was a 30 per cent chance that Miller would have been dismissed lawfully in 2023 if he had not been let go sooner.

Presided over by Lord Fairley, president of the Employment Appeal Tribunal body, the hearing upheld the 2024 finding that Miller’s beliefs amounted to protected status, much like those held for religious reasons.

Fairley found that the tribunal was entitled to its conclusion that Bristol had dismissed Miller unfairly, writing: “The tribunal found that the dismissal was unfair on the basis that it was unreasonable of the respondent to conclude that the claimant’s conduct justified that sanction.”

In a  published on 4 August, Fairley noted: “That conclusion was open to the tribunal as an industrial jury.”

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The judge also upheld the finding of the previous tribunal that Bristol “could have given the claimant a warning” prior to ending his post, and found that the unfair dismissal conclusion was therefore “properly reached”.

Meanwhile, all three of Miller’s cross-appeals were dismissed, including his claim that in the course of the incident he had been harassed by Bristol’s investigating officer, academic George Banting.

The judge also agreed that the amount of compensation Miller should receive – which is yet to be determined – should be halved because of the “contributory fault” the academic made to his own dismissal, based on comments he made about Jewish students and student groups.

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In a statement, Bristol said: “We recognise the Employment Appeal Tribunal’s judgment, although we are disappointed with its findings.

“Our core objectives are to ensure all our students thrive at the University of Bristol and to protect freedom of speech and expression, a fundamental part of that care and consideration. At the same time, we have an obligation to make sure that these essential and important freedoms are exercised appropriately and in line with our codes of conduct and the expectation of the highest standards of behaviour.

“We will continue to provide an environment where our staff and students can debate difficult and contentious issues, fostering a positive working and learning environment where free speech and academic freedom are championed.”

Miller said: “This is a victory for the entire anti-Zionist movement and will protect people across the UK from victimisation simply for standing up or speaking out for the Palestinians.”

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He said he “looked forward” to having his “career reinstated” and to being “free to work in higher education without fear of intimidation or reprisal”.

georgia.luckhurst@timeshighereducation.com