Tribunal Finds Criticism of Islam Can Be a Protected Belief Under the Equality Act

In a recent preliminary hearing, an employment tribunal has ruled that criticism of Islam can meet the legal threshold for protection under the Equality Act 2010. While the case involving the Institute and Faculty of Actuaries (IFoA) has yet to proceed to a further hearing to determine whether philosophical belief discrimination at work occurred, the judgment raises new questions about when such criticism is valid and when it crosses the line.

In our latest article, we examine the IFoA case in more detail and the tribunal’s reasoning behind its judgment. We discuss what constitutes a protected belief and the risks of using social media, even during personal time. If an individual believes their rights have been breached, we also establish the steps they can take to seek justice.

If you believe you’ve been discriminated against because of your religion or belief, contact Redmans Solicitors now. As employment experts, we can analyse your circumstances, provide answers and discuss your options. We can also assess your eligibility to make a claim and guide those eligible through the legal process.

To learn more about how we can help you today, please:

• Phone us directly on 020 3397 3603
• Fill out our online form with your details to request a consultation

Criticism of Islam in the Workplace: Patrick Lee’s Case

Mr Patrick Lee, an actuary and long-standing member of the IFoA, was the subject of disciplinary proceedings following several posts on X between March and August 2020. During this period, he had been criticising Islam, stating that “traditional” Islamic beliefs weren’t compatible with “western values.” He argued that such beliefs support legal inequalities for women and prescribe the death penalty for homosexuality, among other things.

The IFoA investigated once it caught wind of Mr Lee’s criticism of Islam on social media. This subsequently led it to rule that many of his posts were “offensive” and, given his account name, “Free Speech Actuary,” risked reputational damage for the organisation and the profession as a whole. It added, “Members of the public and other members of the profession would consider that this behaviour fell well below what would be expected.” As a result, it suspended him from practising for two years and imposed a fine of £22,667.

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However, after Mr Lee took his case to the employment tribunal, a preliminary hearing determined that his criticism of Islam met the threshold to constitute a protected belief under the Equality Act 2010. The judge found that Mr Lee genuinely held his belief, stating that he was “critical of certain Islamic doctrines and practices, and not to individual followers of Islam or to the Islamic faith/religion at large.”

As a result, his case will now proceed to a separate hearing, where his claim for philosophical belief discrimination will be considered. Should he be successful, his remedy could include compensation.

What is a Protected Belief?

Under UK employment law, individuals are protected against unfavourable treatment—including discrimination, harassment, and victimisation—because of their protected characteristics. One such characteristic is religion and philosophical belief.

To qualify for protection, a belief must satisfy the well-established Grainger criteria, which require that the belief is:

1. Genuinely held
2. More than a mere opinion, based on current information
3. About a substantial aspect of human life and behaviour
4. Coherent, serious and important in character
5. Worthy of respect in a democratic society, and compatible with human dignity and the fundamental rights of others

In practice, the final criterion—whether a belief is “worthy of respect”—is often the most contentious. Tribunals must consider the belief in its full context, including how it was formed, the extent to which it is coherent, and whether holding or manifesting it would undermine the rights or dignity of others.

Because assessments are highly fact-specific, it’s advisable to obtain expert legal advice if an individual is unsure whether a belief is likely to qualify for protection or whether they may have been discriminated against.

Social Media Conduct and the Risk of Disciplinary Action

Although Mr Patrick Lee’s criticism of Islam has been found capable of amounting to a protected belief, this doesn’t guarantee that he will ultimately succeed in his discrimination at work claim. Nor does it mean that future claimants with similar views will automatically receive the same protection. Each case turns on its own facts.

In the UK, individuals are generally free to express their views. However, social media often blurs the line between a person’s private life and their professional identity. Employers increasingly take disciplinary action where posts are said to damage public confidence, breach conduct rules, or risk bringing the organisation into disrepute.

Crucially, even if a belief qualifies for protection under the Equality Act 2010, the way that belief is expressed may still fall outside the scope of legal protection. Tribunals often distinguish between holding a protected belief and manifesting it in a manner that is offensive, abusive, discriminatory or inconsistent with workplace policies.

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For this reason, employees should take particular care when posting content that may be controversial or strongly worded. Before posting, it’s sensible to consider questions such as:

• Could this be linked back to my employer or my professional role?
• Does my employer have a social media, conduct, or reputational risk policy that this post might breach?
• Could the tone or content be perceived as offensive, discriminatory or harmful?
• What are the potential disciplinary consequences if my employer deems this damaging?

If there is any uncertainty about the risks of publicly discussing a belief, it may be wise to reconsider posting, adjust the content or tone, or obtain specialist legal advice, particularly if the belief is highly contentious or the expression could be interpreted as targeting individuals rather than ideas.

What to Do if You Believe Your Rights Have Been Breached

If, like Mr Patrick Lee and his criticism of Islam, an individual believes they’ve been treated unfavourably because of their religious or philosophical belief, they may have grounds to bring a discrimination claim under the Equality Act 2010.

However, before considering legal action, it’s often wise to explore internal routes first. In many cases, concerns can be resolved more quickly by speaking informally to a manager or HR. If this doesn’t resolve the issue, individuals can also raise a formal grievance, potentially bringing the matter to a close without the need for litigation.

Another option is Acas early conciliation, a free and independent service that’s usually required before issuing a tribunal claim. Early conciliation offers another opportunity to reach an agreement, potentially avoiding the costs and stress of the tribunal process.

If the issue cannot be resolved informally or through conciliation, though, a tribunal claim may be appropriate. Strict time limits and eligibility criteria apply, so it’s essential to seek advice promptly. If successful, individuals may be entitled to compensation and other remedies.

Notably, whatever route is chosen, gathering evidence is crucial. This might include emails, messages, policy documents, meeting notes, or contact information of colleagues who witnessed events. Whatever the case, strong evidence can significantly improve a claim’s prospects and help establish a clear timeline of events.

Get Help with Redmans

If you have been discriminated against because of a belief you think is protected, contact Redmans Solicitors without delay. As employment specialists, we can assess your case, provide answers and discuss your options.

It only takes a moment to discover how we can help you, simply:

• Phone 020 3397 3603
• Request a callback via our online form