English nationalists can be protected from discrimination under equality laws, judge rules
English nationalists can be protected from discrimination in the same way as followers of a religion or those who hold philosophical beliefs, a judge has ruled.
People with firm political views regarding the culture, identity and politics of England potentially qualify to sue under equality laws if they believe they have suffered as a result of their opinions.
However, publicly expressing anti-Muslim sentiments disqualifies them from protection because it infringes on the rights of others.
These conclusions were reached by employment judge Christiana Hyde at a London tribunal involving the political figure Steven Thomas, who was attempting to sue the NHS for discrimination.
Mr Thomas, who has campaigned for the English Democrats, claimed he was sacked as a consultant from Surrey and Borders NHS Trust in July 2018 after just three months due to his political views. The Trust's given reason was that it discovered he had a previous conviction for electoral fraud.
The 56-year-old from Kent claimed his nationalistic views are equivalent to a philosophical belief and should therefore be a protected characteristic under the Equality Act 2010.
Judge Hyde concluded that Mr Thomas was entitled to claim for discrimination under the Equality Act as his nationalistic views could qualify as a philosophical belief, but his opposition to multicultaralism and Islamification undermined his claim.
To qualify as a protected characteristic, a philosophical belief must:
1. Be genuinely held;
2. Be a belief and not an opinion or viewpoint;
3. Be a belief as to a weighty and substantial aspect of human life and behaviour;
4. Attain a certain level of cogency, seriousness, cohesion and importance; and
5. Be worthy of respect in a democratic society, compatible with human dignity and not conflict with the fundamental rights of others.
Judge Hyde ruled that while Mr Thomas had succeeded on the first four points, his anti-Islamic views meant he had failed on the fifth.
Describing many of his views as "pure prejudice", she said: "He clearly had a very static and somewhat simplistic view of what constituted all things English.
"(His) belief included views about the way in which a society in which those of varied racial origins, religions and cultures should be ordered.
"(His) disdainful and prejudiced focus on Islam, to the exclusion of all other religions or belief systems, and the language in which this was consistently cloaked meant that the belief did not meet the fifth criterion."
The nine rights protected under the Equality Act 2010
Age
Disability
Gender reassignment
Marriage and civil partnership
Pregnancy and maternity
Race
Religion or belief (beliefs may relate to climate change, ethical veganism and English nationalism)
Sex
Sexual orientation
