海角破解版

Alex Leonhardt in protected belief case brought on the basis of English nationalism

4th July 2023

Specialist 海角破解版 employment and discrimination law barrister Alex Leonhardt represented the successful respondent, the Open University, in a case brought by a former employee on the basis of alleged discrimination against him because of his English nationalist beliefs in .

On a determination of the preliminary issue of whether Mr Cave鈥檚 beliefs were protected under the Equality Act 2010, the judge determined that those beliefs were an ethno-centric form of nationalism which were not worthy of respect in a democratic society and thereby did not meet the tests in Grainger Plc v Nicholson, even given the high bar required for such a finding. The views were, in the judge鈥檚 determination, 鈥渋n at least some respects, akin to Nazism鈥�.

The claim resulted from a dismissal related to social media posts made by Mr Cave in a personal capacity. Alex's summary of the recent case of Kirstie Higgs v Farmor鈥檚 School, in which the EAT gave guidance on some of the principles that will apply to such cases where the beliefs (unlike in Mr Cave鈥檚 case) are found to attract protection under the Equality Act 2010 can be found here.

Commenting on the cases, Alex said: 鈥淭here may often be tension between an employer鈥檚 values and the beliefs of its employees, and many employees will quite rightly wish to exercise their right to free speech in speaking openly about their beliefs.

Cases such as Mr Cave鈥檚, where those beliefs are so extreme as to not attract protection under the Equality Act and ECHR will be few and far between. Employers must be mindful that they don鈥檛 seek to unlawfully interfere with their employees鈥� rights.

Higgs v Farmor鈥檚 School is an important source of guidance for both employers facing these kinds of situations, and employees who are or have been subject to disciplinary proceedings as a result of expressions of their belief鈥�.

Alex Leonhardt is frequently instructed across the full range of Employment Tribunal and civil court employment matters. He has particular experience in acting for schools, universities and education professionals.聽He also acts in Equality Act claims brought in the County Court for discrimination in the provision of services and has experience of claims on behalf of both employers and employees arising from restrictive covenants.