English Nationalism Not Protected By Equality Act: Temp Worker With Anti-Islamic Views Loses Discrimination Case

In Mr S Thomas v Surrey and Borders Partnership NHS Foundation Trust, an appeals tribunal affirmed that a worker’s belief in English nationalism isn’t protected under the Equality Act 2010. This comes after the worker claimed belief discrimination when he was dismissed for publicising his anti-Islamic views.

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English Nationalism Deemed Not a Protected Belief

Original Discrimination Case

Mr S Thomas (“The Appellant”) appealed the decision made in his original claim against his former employer, the Surrey and Borders Partnership NHS Foundation Trust (“The Respondent”).

The initial claim arose after the appellant was dismissed when the respondent became aware of his opinions on English nationalism. Among other things, this included anti-Islamic views, which were published on social media. The English nationalist suggested that Islam should be banned and that Muslims should be forcibly deported from the UK.

The respondent saw these views as deeply prejudicial and contrary to the principles of equality. Consequently, they dismissed the appellant, prompting his original discrimination case. The appellant argued the dismissal breached the law for discrimination, claiming he’d been discriminated against due to his protected characteristic of belief.

However, following the initial hearing, the employment judge quickly dismissed his claim. The tribunal had to assess whether his belief in English nationalism constituted a protected characteristic under the Equality Act 2010 and determined it didn’t. They concluded his belief didn’t satisfy the Grainger test, primarily because his anti-Islamic views conflicted with the fundamental rights of others.

English Nationalist Appeals Unsuccessful Claim

The unsuccessful judgment in the original discrimination case prompted Mr S Thomas to appeal. The English nationalist asserted that there had been several errors, including the misapplication of the Grainger test. He also believed that what constitutes a protected belief under the discrimination Act had been incorrectly interpreted. Furthermore, he claimed that the employment judge had been inconsistent with his reasoning, particularly regarding the assessment of whether the claimant’s beliefs about English nationalism infringed on the fundamental rights of others.

Appeals Tribunal Affirms Decision on Belief in English Nationalism

Upon review, the appeals tribunal upheld the original decision. This was because they found the Grainger test had been applied correctly and the appelant’s anti-Islamic views breached the equalities law.

Under Article 17 of the European Convention on Human Rights (ECHR), beliefs that aim to destroy or limit the rights guaranteed by the Convention are excluded from protection. Since the English nationalist’s views included forcibly removing Muslims from the UK, the appeals tribunal concluded they undermined the fundamental rights of others. What’s more, despite the original judge’s inconsistencies, the appeals tribunal didn’t believe this warranted a re-decision by the first-tier tribunal.

As a result, the belief didn’t qualify for protection under the Equality Act 2010, and it was held that the correct decision had been made.

How Do You Navigate a Discrimination Case?

If an individual believes they’ve been discriminated against, in violation of the Equalities Act 2010, they should consider several measures. First, where appropriate, it’s wise to attempt to resolve the matter informally. This could involve an informal discussion and is useful as it may help avoid more serious measures like legal action.

However, in circumstances where informal steps prove ineffective, the individual might want to raise a formal grievance. This will not only show that the individual means business but will also require the employer to deal with the complaint lawfully.

Yet, should the issue persist, even after raising a formal complaint, now would be the time to consider legal action. The individual would be required to undertake ACAS early conciliation and comply with the eligibility requirements before making a claim.

If you have any questions or want help with your discrimination claim, please contact Redmans Solicitors. As experts in the employment law sector, we can analyse your case and advise on your possible next steps.

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