2nd April, 2020

Employment Tribunal rules that Civic Nationalism and belief in Anti-Political Correctness are not protected under the Equality Act

Religion/Philosophical Belief: James Hurd acted for the Respondent in this Employment Tribunal in Liverpool, involving the former Merseyside Regional Mayoral candidate for UKIP, who brought proceedings for unfair dismissal, direct discrimination and harassment.

The Claimant was dismissed for gross misconduct, having sent large numbers of tweets which were deemed offensive and in breach of the Civil Service Code. These included comments comparing migrants to terrorists and  equating Muslim males with paedophilia.  

The Claimant argued that her political beliefs were protected under the Equality Act 2010, applying Grainger Plc & Others v Nicholson [2010] ICR 360. However, the ET (Employment Judge Aspinall) concluded that, although genuinely held, the Claimant’s beliefs lacked cohesion and were not worthy of respect in a democratic society, in that her beliefs placed her in inevitable conflict with the fundamental rights of others, protected under the Equality Act.    

Please click here to view the full Judgment.



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