Fraser expressed his disappointment in a courteous statement. He rightly took exception to one phrase in the tribunal's ruling, that a belief in the Zionist project or an attachment to Israel was "not intrinsically a part of Jewishness". This appears to have been based on evidence that some Jews do not support Israel. But, even if the tribunal was justified in concluding that Zionism was not a protected characteristic, this finding — though not binding on other courts — is glib to the point of offensiveness.
The tribunal, comprising a legally-qualified employment judge and two other members, said Fraser's claim showed a "worrying disregard for pluralism, tolerance and freedom of expression". It also represented "an impermissible attempt to achieve a political end by litigious means". In the Jewish Chronicle, the barrister Jonathan Goldberg QC called it "an act of epic folly". He added: "You only bring such showcase litigation if you are certain to win." Welcoming the ruling, the UCU reaffirmed its opposition to anti-Semitism and said it would treat Fraser and his views with respect.
Fraser cannot be blamed for bringing a misguided claim. But who transformed what the tribunal described as Fraser's "simple, down-to-earth" oral evidence into the "magnificent prose" of his written case? Fraser was represented by Anthony Julius, a leading campaigner against anti-Semitism. But the best advocate is one who can take a detached view of a client's case.
What explanation did Julius give the Jewish Chronicle? Since he is the newspaper's chairman, I was confident he would favour it with an interview. Alas, he was "unavailable for comment this week".


















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