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

4th July 2023

Specialist 3PB 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 Cave v The Open University.

On a determination of the preliminary issue of whether Mr Cave’s 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’s determination, “in at least some respects, akin to Nazism”.

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’s 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’s case) are found to attract protection under the Equality Act 2010 can be found here.

Commenting on the cases, Alex said: “There may often be tension between an employer’s 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’s, 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’t seek to unlawfully interfere with their employees’ rights.

Higgs v Farmor’s 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”.

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. 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.