Tribunal respects ‘anti-Zionism’

Former academic should have been warned, not sacked

A belief that “political Zionism” is “inherently racist, imperialistic and colonial” has been found by an employment tribunal to be worthy of respect in a democratic society.

The tribunal found that Dr David Miller’s anti-Zionist beliefs were a “protected characteristic” which meant he suffered direct discrimination and was unfairly dismissed by the University of Bristol in October 2021.

Dr David Miller

However, the tribunal concluded that it “would have been proportionate to issue some disciplinary sanction against the claimant short of dismissal”.

It halved the compensation to which Miller is now entitled for unfair dismissal because of his “culpable and blameworthy” comments about students at the university, adding that it was “not appropriate for professors publicly to aim aggressive discourse” at students or student groups.

And the tribunal said there was a 30% chance that Miller would have been fairly dismissed last year after he wrote on social media in August that “Judeophobia barely exists these days”, that “Jews are not discriminated against” and that “they are overrepresented in Europe, North America and Latin America in positions of cultural, economic and political power”.

Miller was professor of political sociology at the university from September 2018 to October 2021. At the time his claim was heard towards the end of last year, the tribunal was told he was working on a freelance basis and had not yet secured another academic position.

In a statement yesterday, the University of Bristol said it was disappointed with the tribunal’s findings.

It added:

After a full investigation and careful deliberation, the university concluded that Dr Miller did not meet the standards of behaviour we expect from our staff in relation to comments he made in February 2021 about students and student societies linked to the university. As a result and considering our responsibilities to our students and the wider university community, his employment was terminated. 

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 University of Bristol remains committed to fostering a positive working and learning environment that enriches lives and where the essential principles of academic freedom are preserved.

The university is reviewing the tribunal’s lengthy judgment carefully and in light of that review, it would not be appropriate to comment further.

Miller said:

This is not just a victory for me, but also a victory for pro-Palestine campaigners across Britain…

I hope this case 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…

This verdict is also a vindication of the approach I have taken throughout this period, which is to say that a genocidal and maximalist Zionism can only be effectively confronted by a maximalist anti-Zionism. The self-justifying and defensive approach of the sort illustrated by many on the left and even in the Palestine Solidarity movement will not work. The Zionist movement cannot be negotiated with. It must be defeated…

Now we need to spread the campaign to dismantle Zionism all around the world — wherever the Zionist movement raises its ugly head.

How did the tribunal reach the view that Miller’s view of Zionism was worthy of respect in a democratic society, compatible with human dignity and not in conflict with the fundamental rights of others? And was he dismissed because of what he thought — or what he said?