CASE UPDATE: Anti-Islamic aspects of English Nationalism not compatible with being a “protected belief”

Under the Equality Act 2010, employees are protected from discrimination based on 'religion or belief.' However, whether a person's views constitute a 'protected belief' can be a complex and contentious issue. Employment tribunals rely on the guidelines set by the Employment Appeal Tribunal (EAT) in Grainger v Nicholson to determine the legitimacy of such claims. These principles were put to the test again in a recent case involving a belief in English nationalism.

In Thomas v Surrey and Borders Partnership NHS Foundation Trust, (High Court Judgment Template) the Claimant argued that his assignment was terminated due to his belief in English nationalism. The tribunal first needed to decide as a preliminary issue whether his belief qualified as a 'protected belief' under the Equality Act 2010.

The first-level employment tribunal ruled that, while many aspects of the Claimant’s English nationalist beliefs might have been protected under the Act, his beliefs also included anti-Islamic views. Specifically, he believed that Muslims should have no place in British society and should be forcibly deported from the UK. This, the tribunal found, violated the fifth principle from Grainger v Nicholson: that the belief must be compatible with human dignity, worthy of respect in a democratic society, and must not infringe upon the rights of others. As such, his belief could not qualify for protection, and the Claimant appealed.

The Employment Appeal Tribunal upheld the original decision, reaffirming that UK law, as far as possible, must align with the European Convention on Human Rights (ECHR). Article 17 of the Convention states that protection cannot be claimed if it leads to acts aimed at undermining or destroying the rights of others. The EAT determined that the forced deportation of Muslims, as advocated by the Claimant, would undeniably violate their Convention rights. The EAT further held that the Claimant’s rhetoric amounted to severe "hate speech," which is not protected by the Equality Act 2010.

While the threshold for protection under the ECHR and Equality Act may be low, the tribunal clearly correctly determined that the Claimant's beliefs did not meet the necessary criteria for protection.

If you have any questions about how beliefs are treated under the Equality Act 2010, get in touch with our Employment Law team at 01635 896336 or email us at hello@fentonelliott.co.uk.