Claimant v Surrey and Borders Partnership NHS Foundation Trust
Outcome
Individual claims
The tribunal found that the claimant's belief in English nationalism included anti-Islamic views expressed in numerous public social media posts 2015-2017, which were offensive, prejudiced and disparaging. These views did not satisfy the fifth Grainger criterion (worthy of respect in a democratic society, compatible with human dignity, not conflicting with fundamental rights of others). His disdainful and prejudiced focus on Islam exclusively meant the belief was not a protected characteristic under the Equality Act 2010.
Facts
The claimant, an agency worker employed as Interim Category Manager from May 2018, had his placement terminated on 24 July 2018. He claimed this was discrimination related to his belief in English nationalism. He had a 2016 conviction for electoral fraud and a lengthy history of public social media posts (2008-2017) expressing anti-Islamic views, disdain for Muslim practices, and opposition to immigration. The respondent claimed termination was due to failure to disclose the spent conviction and providing misleading information.
Decision
The tribunal held a preliminary hearing to determine whether English nationalism was a protected philosophical belief. While English nationalism itself was capable of protection and met the first four Grainger criteria, the claimant's version included anti-Islamic views that were offensive, prejudiced and focused exclusively on Islam. These failed the fifth Grainger criterion as they were not worthy of respect in a democratic society. The discrimination claim was therefore dismissed.
Practical note
A political belief such as nationalism may be capable of protection under the Equality Act 2010, but if it is inextricably linked with offensive, prejudiced views targeting a specific religion that conflict with the fundamental rights of others, it will fail the fifth Grainger criterion and not be a protected characteristic.
Legal authorities cited
Statutes
Case details
- Case number
- 2304056/2018
- Decision date
- 29 October 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Interim Category Manager (temporary worker)
- Service
- 3 months
Claimant representation
- Represented
- Yes
- Rep type
- barrister