Employment tribunal case ruling published on belief discrimination

An employment tribunal case has this week (September 2024) handed down a decision on a prominent case on religion/belief discrimination. The Claimant in Thomas v Surrey and Borders Partnership NHS Foundation Trust claimed that his employment had been terminated on the grounds of his philosophical belief. He described this as “English Nationalism”. The Claimant alleged that the termination constituted discrimination under the Equality Act 2010.

Steph Marsh, Head of Coodes’ Employment Team, outlines the case and what the ruling means for future cases.

The case and the decision of the employment tribunal

The Claimant’s belief included anti-Islamic beliefs, such as believing that Muslims and their religion had no place in British society. The Claimant also believed that Muslims should be forcibly deported from the UK.

The Employment Tribunal had to decide if English Nationalism was capable of constituting a philosophical belief under the Act. The Tribunal concluded that the Claimant’s English Nationalism was not a protected belief under the Act as:

• It was not worthy of respect in a democratic society
• It was not compatible with human dignity
• It conflicted with the fundamental rights of others

The Claimant appealed the Tribunal’s decision. The Employment Appeal Tribunal (EAT) upheld the Tribunal’s decision. They did so because:

• The EAT stated that UK law had to be interpreted, insofar as possible, in accordance with the European Convention of Human Rights.
• Article 17 of the Convention states that “a person cannot claim the protection of the Convention, where to do so would allow the performance of any act aimed at the destruction of any of the rights and freedoms”.
• The EAT further stated that forcible deportation of Muslims from the UK would undoubtedly amount to the destruction of their Convention rights.
• The EAT found that the language used by the Claimant fell within the grave forms of “hate speech”.

The EAT concluded that “whilst the threshold for protection under the Convention, and therefore under the Act, is low, the tribunal did not err in finding that the Claimant’s beliefs did not pass that threshold.” You can find the full case on the Government website.

What does this mean for future employment tribunal cases?

Discrimination claims can be very complex, but any religious belief should be compatible with human dignity. Any religious belief should also not conflict with the rights of others. This case demonstrates that just because an employee might have a strong belief, which they claim is due to religious reasons, it will not always be protected. The Tribunal has shown that they will scrutinise religious beliefs thoroughly and will only allow it to fall within the protected characteristics if it does not cause harm or conflict with the rights of others.

Coodes Solicitors, one of the South West’s longest established and leading law firms in Cornwall and Devon, supports businesses to keep up to date with the most recent changes in Employment Law. If you have any questions in relation to a potential discrimination claim, employment tribunal or need some friendly advice, call Steph Marsh on 01579324017 or email steph.marsh@coodes.co.uk.