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Rehana Azib KC succeeds in important EAT case on political belief: Mr S Thomas v (1) Surrey and Borders Partnership NHS Foundation Trust (2) Ms A Brett

Posted: 05/09/2024

Rehana Azib KC represented the successful Respondents in this 2-day appeal that examined where the key EAT decisions of Grainger and Forstater have really set the bar for the protection of beliefs under the Equality Act 2010. The decision has effectively corrected what seems to have been a misconception amongst employment lawyers, that the earlier EAT decision of Forstater had somehow lowered the bar for qualifying beliefs. The Appellant relied on the political belief of English Nationalism, and a key part of that decision was that there is no place in Britain for Islam or Muslims. The EAT dismissed the appeal, finding that such views offend Article 17 of the European Convention of Human Rights and therefore fall outside of the ECHR’s protection. Whilst the Appellant is free to hold whatever beliefs he wishes, the EAT made it clear that he was outside the right to complain of discrimination under the Equality Act 2010, in relation to those beliefs. The decision will no doubt come as a great relief to many, including Muslims, particularly in light of the recent political climate and issues within Britain.

The judgment can be viewed here.

Rehana Azib KC was instructed by Courtney Janotta, Bevan Brittan

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Rehana Azib KC

Call: 2003 Silk: 2022

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