Anti-Islamic belief in English nationalism not protected under Equality Act
The Employment Appeal Tribunal (EAT) has confirmed that a belief in English nationalism when combined with anti-Islam sentiments, does not qualify as a protected belief under the Equality Act 2010.
Background
In Thomas v Surrey and Borders Partnership NHS Foundation Trust and another, the EAT upheld the Employment Tribunal’s decision that an agency worker’s belief in English nationalism, which included anti-Islamic views, was not a protected philosophical belief under Section 10 of the Equality Act 2010.
The Claimant was engaged to provide consultancy services for the Trust and claimed he was discriminated against based on his political beliefs after his assignment was terminated. He argued that his belief in English nationalism and his political affiliation with the English Democrats constituted a protected belief under the Equality Act.
A preliminary hearing was held to determine whether the Claimant's belief met the criteria to be considered a protected characteristic under Section 10. The tribunal found that while English nationalism could potentially be a philosophical belief under the Equality Act, the Claimant's anti-Islamic views, as expressed through his social media posts, meant that he fell outside the scope of the Act's protection. His anti-Islamic views were not “worthy of respect in a democratic society” as they did not respect human dignity and infringed on the fundamental rights of others.
The Claimant also argued that his human rights had been infringed. The tribunal did not agree. The Claimant's belief fell within article 17 of the European Convention on Human Rights, which provides that no person may seek to rely on a Convention right to protect activities or acts aimed at the destruction of Convention rights or freedoms. In other words, the Claimant's views were not capable of protection under the ECHR because they offend Article 17.
The Claimant appealed against the tribunal's decision.
EAT Decision
The EAT dismissed the Claimant's appeal, agreeing with the Tribunal’s conclusion that the Claimant's belief in English nationalism was not protected under the Equality Act due to its extreme anti-Islamic nature. The EAT found that the Claimant's views, which included the desire to forcibly remove Muslims from the UK, amounted to a generalised form of harassment targeting Islam.
The Claimant had argued that his case should be considered in light of Forstater v CGD Europe, which clarified that only extreme beliefs, akin to advocating totalitarianism or Nazism, would fall outside the protection of the Equality Act. However, the EAT noted that the Claimant's beliefs crossed this threshold, as they were specifically aimed at promoting intolerance and the exclusion of an entire religious group from society, which is not protected under the Equality Act or the ECHR.
Learning points
This case demonstrates that while the threshold for protection under Section 10 of the Equality Act is low, beliefs that promote hatred, intolerance, or the exclusion of certain groups will not be protected. Employers should be aware of the boundaries of protected beliefs and ensure they create an inclusive environment that respects fundamental rights.