Do the Far Right have Rights?

In these politically turbulent times, employers can be in a difficult position when their employees hold views that are contrary to the organisation’s ethos.  They need to respect employees’ beliefs  but there comes a point when an employer needs to act if those beliefs conflict with the beliefs of other stakeholders, including other employees and service users.  

In Thomas v Surrey and Borders Partnership NHS Foundation Trust, Mr Thomas claimed that his assignment had been terminated by the NHS because of his belief in English nationalism. As a preliminary issue, the employment tribunal considered whether his belief was a protected belief under the Equality Act 2010. 

The tribunal held that, although many aspects of Mr Thomas’s belief in English nationalism would be protected by the Equality Act, his belief included anti-Islamic beliefs. He believed that there was no place in British society for Muslims or Islam itself, and that Muslims should be forcibly deported from the UK. The tribunal held that his belief was not worthy of respect in a democratic society, was incompatible with human dignity, and conflicted with the fundamental rights of others.  Mr Thomas’s belief was not therefore protected so he appealed.

The Employment Appeal Tribunal agreed with the tribunal. UK law had to be interpreted in accordance with the European Convention of Human Rights (the Convention). Article 17 of the Convention states that a person cannot claim the protection of the Convention, if it would allow the performance of any act “aimed at the destruction of any of the rights and freedoms” set out in the Convention.

The EAT noted that forcible deportation of Muslims from the United Kingdom would undoubtedly amount to the destruction of their Convention rights. The language used by Mr Thomas fell within the grave forms of “hate speech”. The EAT held that, whilst the threshold for protection under the Convention, and therefore under the Equality Act 2010, is low, the tribunal were correct in finding that Mr Thomas’s beliefs did not pass that threshold.

This case should reassure employers that they can take action if their employees express extreme views.  We can advise on these situations under our retainer service: Keelys LLP Employment Solicitors in Lichfield | Employment Law Experts

As an aside, it has taken 6 years from Mr Thomas submitting his claim for it to be dealt with by the Employment Tribunal and now the Employment Appeal Tribunal.  The wheels of justice turn very slowly these days, and are likely to turn even more slowly in future since Labour’s changes to employment law will increase the volume of claims working their way through the system.