Could An Employee’s Far-Right Belief be Protected Under Discrimination Law?

Far-right views centred around Islamophobia are unlikely to meet the criteria for a philosophical belief.

Even if an individual met points 1 to 4 of the above test, it is unlikely that such a belief would be considered worthy of respect in a democratic society as it discriminates against people who are of the Muslim faith.

Support for a political party or protest group espousing such views would also not ordinarily constitute a philosophical belief, as ‘support’ of a party is not the same as a ‘belief’.

However, some beliefs that initially appear provocative can still be considered philosophical beliefs under the Equality Act 2010, and each case depends on the facts.

To minimise the risks associated with disciplinary action against an employee, employers should:

• Implement a clear social media policy on appropriate and improper use of social media, whether at work or on your own time, to reduce the risk of reputational damage and potential liability for discriminatory or defamatory comments posted by employees.
  The policy should be issued to new starters and set out the consequences of breaching the policy could lead to disciplinary action.
• Have a ‘grace period,’ particularly for high-profile roles, where employers can request employees review historical social media posts and remove them as appropriate to avoid them resurfacing and damaging the business.  
• Follow a proper disciplinary process and investigation. Whilst there may be cases where the employee’s conduct appears obvious, such as comments posted from an employee’s own social media account, it is still important that the employer carries out a reasonable investigation by collecting evidence and allowing the employee to provide their own version of events.
• Promote a diverse and inclusive working environment by implementing an Equality and Diversity Policy and provide training to set clear guidelines on appropriate behaviour in the workplace. Policies and procedures are the starting point in any employment dispute to show that the employees knew about the conduct expected of them.