S Thomas v Surrey and Borders Partnership NHS Foundation Trust & Anor

S Thomas v Surrey and Borders Partnership NHS Foundation Trust & Anor

The claimant's belief in English nationalism, as manifested by his anti-Islamic views including advocacy for the exclusion or forcible removal of Muslims from the United Kingdom, is not a protected philosophical belief under section 10 of the Equality Act 2010 because it fails the fifth Grainger criterion. Such beliefs are not worthy of respect in a democratic society, are incompatible with human dignity, and conflict with the fundamental rights of others, thus falling within Article 17 of the European Convention on Human Rights and outside the scope of protection.

Parties
Appellant: Mr S Thomas; First Respondent: Surrey and Borders Partnership NHS Foundation Trust; Second Respondent: Ms A Brett
Jurisdiction
England and Wales
Judgment Date
09 May 2024
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Religion or Belief Discrimination, Protected Characteristics, Philosophical Belief, Article 17 ECHR, Hate Speech, Freedom of Expression
Employment Law Equality and Discrimination Religion or Belief Discrimination Protected Characteristics Philosophical Belief Article 17 ECHR Hate Speech Freedom of Expression

Case Brief

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Parties

Mr S Thomas

Appellant

Surrey and Borders Partnership NHS Foundation Trust

First Respondent

Ms A Brett

Second Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the claimant's belief in English nationalism, including anti-Islamic views, is a protected philosophical belief under section 10 of the Equality Act 2010
  2. 2 Whether the claimant's anti-Islamic views are worthy of respect in a democratic society, compatible with human dignity, and not in conflict with the fundamental rights of others under the European Convention on Human Rights

Ratio Decidendi

The claimant's belief in English nationalism, as manifested by his anti-Islamic views including advocacy for the exclusion or forcible removal of Muslims from the United Kingdom, is not a protected philosophical belief under section 10 of the Equality Act 2010 because it fails the fifth Grainger criterion. Such beliefs are not worthy of respect in a democratic society, are incompatible with human dignity, and conflict with the fundamental rights of others, thus falling within Article 17 of the European Convention on Human Rights and outside the scope of protection.

Court Disposition

Appeal dismissed