‘Islam-critical’ ruled a protected belief under equality law

Criticism of Islam is a protected belief under the Equality Act 2010 (EA 2010), it has been ruled.

Judge David Khan made the decision as part of an employment tribunal, where Patrick Lee challenged the Institute and Faculty of Actuaries (IFoA) for finding him guilty of misconduct for social media posts objecting to Islamic beliefs and doctrine.

The 61-year-old underwent a four-year disciplinary process and was ordered to pay almost £23,000 in legal fees. The tribunal, which is ongoing, will now decide whether his posts were an appropriate manifestation of his beliefs.

Free speech

Barrister Jon Holbrook called his client’s beliefs “Islam-critical”, comparing it to gender-critical beliefs which are also protected under the EA 2010. He argued that while some people may view both sets of beliefs as “offensive”, they “do not ‘on any view’ seek to destroy the rights of either trans persons or Muslims”.

Lee hopes this judgment “will embolden other people to speak up, and it will stop employers and regulators from gagging people when they’re making valid criticisms of Islam”.

Author Douglas Murray commented: “If Mr Lee had made the same comments about a Jewish or Christian prophet, he would never have found himself in any trouble. In fact, he’d have probably been offered a book contract and a slot on Thought for the Day. But our society has lived for years with a de facto blasphemy law when it comes to Mohammed and the foundations of the Muslim faith.”

‘Islamophobia’

Lord Young of Acton, Founder and General Secretary of The Free Speech Union, also welcomed the ruling: “In future, anyone penalised for saying something ‘Islamophobic’ – whether by a regulator, an employer or a university – will be able to point to this judgment. That renders the Government’s efforts to roll out an official definition of ‘Islamophobia’ largely pointless.”

He stated: “Treating everyone with respect is something few people would disagree with, including me. But that is not the same as respecting their beliefs and the sooner we grasp that distinction, the better.”

In September, the Communities Secretary pledged to stop any Islamophobia definition that amounted to “blasphemy laws by the backdoor”.

The Labour Party’s current definition, which has been slammed for being too broad, claims: “Islamophobia is rooted in racism and is a type of racism that targets expressions of Muslimness or perceived Muslimness.”