Employment judge Sheldon said that although Thomas’ English nationalist beliefs could have been covered by the Equality Act 2010, his accompanying anti-Islamic views were not.
Matthew Ottley, a solicitor in the employment team at law firm SAS Daniels, told HR magazine: “Thomas’ beliefs included a sense of pride in England and the English people, and a strongly held feeling of being predominantly ‘English’ rather than ‘British’. On its own, the employment tribunal held that this form of English nationalism was capable of protection as a philosophical belief.
“However it was the claimant’s anti-Islamic and anti-Muslim views which underpinned his particular belief in English nationalism that prevented them being protected in law.”
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Thomas, who worked as a consultant for Surrey and Borders Partnership NHS Foundation Trust for just under three months in 2018, had alleged that his assignment had been terminated because of his belief in English nationalism. He claimed that this was belief discrimination contrary to the Equality Act 2010.
The tribunal heard that these views include that Muslims should be forcibly deported from the UK. This was evidenced in tweets where Thomas used the hashtag “RemoveAllMuslims”.
The Surrey and Borders Partnership NHS Foundation Trust said that his dismissal was due to misleading information on his CV. But the tribunal also found that Thomas’ views were incompatible with the European Convention of Human Rights, which forbids people to engage in acts that obstruct the human rights of others.
Ottley said: “The tribunal was required to determine whether the claimant’s expressed anti-Islamic views were of such a level that they were unworthy of respect in a democratic society because they conflicted with the fundamental rights of Muslims.”
He added that HR should remember that just because a belief is disagreeable, distasteful or not a majority view, does not mean it will be unworthy of respect.
“The tribunal was clear that for a belief to fall outside the protection afforded by human rights legislation, it is not sufficient for a person’s views simply to cause shock or offence to others; they must reach a level where they completely undermine the principles of democracy and the rights of others which human rights law seeks to protect.”
Judge Sheldon concluded: “The claimant is not prevented from holding his views, but he is outside of the right to complain that he has been discriminated against in relation to those beliefs in the circumstances covered by the Equality Act.”
Dealing with extreme views in the workplace involves a careful balance between the rights of the employee holding the opinion and the dignity of others, said Matt Jenkin, employment partner at Herrington Carmichael.
Speaking to HR magazine, he said: “Employers are having to deal with situations whereby employees may hold protected beliefs that other members of the workforce find offensive. That can lead to clashes between colleagues. Whilst employers need to avoid discriminating against employees because they hold certain views, that doesn’t give employees free reign over how they express those beliefs in work.
“Employers need to make it clear, for example in their dignity at work policies, that employees shouldn’t manifest those beliefs in an unreasonable way, and that there will be disciplinary consequences for those that do.”
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Ottley recommended dealing with beliefs-based conflicts on a case-by-case basis.
He said: “Context is paramount. HR must not jump to conclusions about what an employee believes based on limited information or on what they might do as a result of a particular belief.
“It is essential that employers conduct thorough investigations into the nature of an employee’s beliefs, and assess situations on a case-by-case basis.
“HR should make clear that whilst there will be occasions where disagreements arise, expression of views should be done respectfully and not incite violence. Expressed views should not justify violence, hatred or intolerance.”
