Plato, Socrates and Father Christmas: is Santa a philosophical belief?

Published: Halsbury’s Law Exchange | Dated 21^st December 2011

Adrian Hoggarth Head of employment writes; last night, with only a handful of sleeps left before Christmas, I asked my children if they believe in Father Christmas. They nodded immediately. There was no doubt in their minds that on Christmas Eve Santa will be coming down our chimney and leaving presents in their stockings.

This firmly held conviction caused me alarm. Could belief in Father Christmas be a philosophical belief protected by the Equality Act?

There are recent cases in which other genuinely held beliefs have fallen within the definition of philosophical belief. Examples are belief in the moral duty to prevent climate change, belief in the higher purpose of public service broadcasting, and belief in spiritualism, life after death and the ability of mediums to contact the dead.

Could my children’s belief qualify? Tribunals have given guidance on what needs to be established for a belief to be protected:

• The belief must be genuinely held - I have no doubt that even the fiercest cross-examination could not persuade an employment judge that my children do not genuinely believe in Father Christmas.
• It must be a belief as to a weighty and substantial aspect of human life and behaviour – Christmas has consumed the lives of my children at school and at home over recent weeks. It affects all aspects of their lives and their behaviour (they are well aware that Santa will check how good they are, as they saw this in the film Arthur Christmas).
• It must attain a certain level of cogency, seriousness, cohesion and importance – this is undeniable. The traditional Christmas tree lights are flickering, there are cards dropping through the letterbox and the stockings are already hanging by the fireplace. We take it very seriously.
• It must be worthy of respect in a democratic society, not be incompatible with human dignity and not conflict with the fundamental rights of others.  No problem here.
• It must be a belief, not an opinion or viewpoint based on the present state of information available – here is where it gets tricky. Arguably their belief is an opinion based on the information they have been given.  Information may have been withheld. Whilst the mince pie and the carrot will be half-eaten when they descend the stairs on Christmas morning, there will be no clear evidence that these have been consumed by a white-bearded man and a red-nosed reindeer. This information exists and is known to some, but not to the children. For this reason, any claim that belief in Father Christmas amounts to a protected philosophical belief is likely to fail.

It is worth noting that the Equality Act protects both believers and non-believers. If I was to suggest to my children that I may not share their belief, I may be protected, at least legally, from any detrimental consequences. On the basis of the above, and as a father of two very excited young children, I shall not be taking this risk. 

Contact us

• 0207 743 6700
• Request a call back
• Email us

Knowledge centre
Elucidate: let our knowledge centre empower you with our legal expertise. more >