It is a hypothesis that the sun will rise tomorrow, based on past experience.
The debate about belief vs fact makes sense if you go back to the fact (ha!) that The Equality Act 2010 does not protect facts: it protects people.
People hold beliefs, not facts.
Some beliefs have been tested in court, to decide if people holding those beliefs should be protected from discrimination, ie. discrimination in relation to those beliefs.
Some beliefs have passed the test, some have failed and others have yet to be tested.
Some of the beliefs that have been tested:
The Trend Towards Expansion of Protected Beliefs Under the Equality Act 2010
27 February, 2020 - Forbes Solicitors
The following beliefs have been afforded protection in recent case-law.
- Climate change
- Spiritualism, life after death and ability of mediums to contact the dead
- Left wing socialist beliefs (at first instance)
- Right of Scotland to Independence
- Belief it is wrong to lie under any circumstances
- Belief in the sanctity of life, extending to anti-fox hunting and anti-hare coursing
- Belief that the UK should not be ruled by a hereditary monarchy
- Belief in the abhorrence of paedophilia and/or the sexual abuse of children and belief in the abhorrence of domestic violence towards women
https://www.forbessolicitors.co.uk/news/46787/the-trend-towards-expansion-of-protected-beliefs-under-the-equality-act-2010
One of the tests is whether something that someone believes actually qualifies as a "philosophical belief".
The five tests are whether a belief meets the "Grainger criteria":
(i) The belief must be genuinely held.
(ii) It must be a belief and not, as in McClintock v Department of Constitutional Affairs [2008] IRLR 29, an opinion or viewpoint based on the present state of information available.
(iii) It must be a belief as to a weighty and substantial aspect of human life and behaviour.
(iv) It must attain a certain level of cogency, seriousness, cohesion and importance.
(v) It must be worthy of respect in a democratic society, be not incompatible with human dignity and not conflict with the fundamental rights of others (para 36 of Campbell v United Kingdom 4 EHRR 293 and para 23 of Williamson’s case [2005] 2AC 246).”
Although we say that a belief is protected, in reality it is the people who hold that belief who are protected.
They can take a case to an Employment Tribunal, arguing that they have been discriminated against because they hold a "protected belief", ie. a belief that has passed several tests including whether it is WORIADS, not just that it is WORIADS.
In Maya's case she first had to argue that her belief passed those tests and should be protected. The first Tribunal found that although Maya's belief passed some Grainger criteria that it failed the WORIADS test.
https://assets.publishing.service.gov.uk/media/60c1cce1d3bf7f4bd9814e39/Maya_Forstater_v_CGD_Europe_and_others_UKEAT0105_20_JOJ.pdf?ref=forstater.comassets.publishing.service.gov.uk/media/60c1cce1d3bf7f4bd9814e39/Maya_Forstater_v_CGD_Europe_and_others_UKEAT0105_20_JOJ.pdf?ref=forstater.com
IMHO the fact that the WORIADS aspect of Maya's appeal had wider implications has led to a forgetting that her belief had also to meet the other four Grainger criteria, including:
(ii) It must be a belief and not, as in McClintock v Department of Constitutional Affairs [2008] IRLR 29, an opinion or viewpoint based on the present state of information available.
The McClintock case:
https://www.bailii.org/uk/cases/UKEAT/2007/0223_07_3110.html
Perhaps the reason the EA2010 talks about "Philosophical Belief" rather than just "Belief" is related to the fact that Empirical Science developed as an offshoot of Natural Philosophy?
Natural Philosophy - Wikipedia
https://en.wikipedia.org/wiki/Natural_philosophy
It is always worth a peek at the Talk Page for Wikipedia articles to see if there is any debate about what should or should not be included in the Wikipedia article:
https://en.wikipedia.org/wiki/Talk:Natural_philosophy