English Nationalism is not a protected philosophical belief
In the authority of Uncles -National Health Service Commissioning Board and Others , the Claimant believed that he had been discriminated against because of his philosophical belief in english nationalism. He relied on Section 10(2) of the Equality Act 2010.
He was also pursuing claims of unfair dismissal, breach of contract and sex and race discrimination.
The Claimant was a member of the english defence league and had made comments on FaceBook about banning the burqa and muslim women wearing headscarves. He also posted on Twitter for example stating that ‘Islam is only for the insane’ and using the hashtag #Removeallmuslims. At the hearing the Claimant also informed the employment tribunal that islam needed to be banned unless it was anglicised and toned down.
The employment tribunal in delivering its judgment decided that the Claimant’s philosophical belief in english nationalism was not a protected characteristic and especially as elements of it were incompatible with rights guaranteed by the European Convention on Human Rights for example the right to life, the right to liberty and freedom of religion.
If you have concerns about UK discrimination laws then contact Steven Eckett – Head of Employment at Meaby&Co LLP.
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