University of Bristol v Dr David Miller

Facts

The claimant, Dr David Miller, was employed by the University of Bristol as a Professor of Political Sociology from September 2018. His academic work concerns propaganda, lobbying and concentrations of power, including the Zionist movement. In 2020 an investigation by Ms Aileen McColgan KC into a student complaint found no case to answer. In February 2021 the claimant spoke at a free-speech event, gave a comment to the Jewish Chronicle and sent an "on the record" email to a student journalist, describing Zionism as a racist, violent and imperialist ideology and criticising the Union of Jewish Students and the Bristol Jewish Society. A second McColgan report again found no case to answer, but Professor Banting recommended disciplinary proceedings, and Professor Norman summarily dismissed him for gross misconduct on 1 October 2021; his internal appeal was refused in February 2022. He complained of direct belief discrimination under sections 10 and 13 of the Equality Act 2010, harassment under section 26 of the Equality Act 2010, unfair dismissal under section 98 of the Employment Rights Act 1996 and wrongful dismissal. A Bristol Employment Tribunal upheld those complaints but dismissed the harassment claim and a complaint about the misconduct finding, reduced the awards by 50% and applied a 30% Polkey chance. The University appealed on nine grounds; the claimant cross-appealed.