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UK Tribunal Rules Criticism of Islam Can Be a Protected Belief

Judges will next decide in February whether Patrick Lee’s tweets were a protected manifestation of his belief.

Overview

  • Employment Judge David Khan found that Patrick Lee’s view—that traditional forms of Islam are problematic and deserving of criticism—meets the Equality Act’s test for a protected philosophical belief.
  • The decision followed a preliminary hearing at the London Central Employment Tribunal, moving forward Lee’s discrimination claim against the Institute and Faculty of Actuaries.
  • The IFoA had banned the 61-year-old and required nearly £23,000 in costs after finding misconduct over 2020 tweets, deeming 42 posts offensive or inflammatory and 29 designed to demean Muslims.
  • The judge said the tweets were not incompatible with the pleaded belief, citing Lee’s evidence that he was criticising doctrines and practices rather than individual Muslims.
  • A seven-day hearing in February will consider whether the posts were a protected manifestation and whether the IFoA’s sanctions were unlawful, as the Free Speech Union hailed the ruling as a landmark victory.