Criticism of Islam qualifies as a protected belief under equalities law, a judge has ruled.
Patrick Lee, 61, has launched a belief discrimination claim against the Institute and Faculty of Actuaries (IFoA) after he was banned by the trade body and fined almost £23,000 last year over posts in which he criticised Islam.
The IFoA’s disciplinary body found Mr Lee guilty of misconduct, ruling that 42 of his posts were “either offensive or inflammatory or both”, with 29 said to be “designed to demean or insult Muslims”.
His posts included referring to the Prophet Mohammed as a “monster” and describing Islam as “morally bankrupt”, a “dangerous cult”, and a “1,300-year-old con trick”.
Criticism of Islam qualifies as a protected belief under equalities law, a judge has ruled
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GETTY
At a preliminary hearing held via video link at the London Central Employment Tribunal in July, employment judge David Khan ruled that Mr Lee had shown he genuinely held the belief he put forward, therefore meeting the definition of a “protected belief” under section 10(2) of the Equality Act 2010.
Judge Khan concluded: “I do not find that these tweets and the pleaded belief are mutually exclusive. Nor incompatible.
“I find that the claimant’s evidence in relation to these tweets, that he was inveighing against the offending doctrines and practices because they continued to be treated as authentic and officially sanctioned by Islamic leaders, was not inconsistent with the pleaded belief.”
The employment tribunal heard that Mr Lee, who identifies as an atheist, believes Islam “particularly in a traditional form – rather than a reformed, modernised, moderate and Westernised form – is problematic and deserving of criticism”.
Judge David Khan ruled that Mr Lee had shown he genuinely held the belief (file photo)
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GETTYMr Lee said he hoped to prompt discussion and ask legitimate questions, and described the IFoA’s response to his beliefs as “problematic” for western democracies.
A final hearing is set for February, when a tribunal will decide whether his social media posts qualify as an expression of this protected belief.
The Free Speech Union hailed the ruling as a “landmark victory”.
The group said: “It renders the Government’s efforts to roll out an official definition of ‘Islamophobia’ largely pointless.
FREE SPEECH IN BRITAIN – READ MORE:
The Free Speech Union hailed the ruling as a ‘landmark victory’
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PA“If describing Islam as ‘backward’, ‘a con trick’, ‘a dangerous cult’, ‘the root of the evil’ and calling the Prophet Mohammed a ‘monster’ are all expressions of an ‘Islamic-critical’ belief that’s protected by the Equality Act, trying to ban people from saying these things in the workplace won’t be possible.
“The judge in this case has grasped the important distinction between disrespecting a belief and disrespecting a person who holds that belief.
“Too often, robust criticism of Islam is treated as a form of harassment against Muslims and conflating the two has had a chilling effect on free speech.”
Despite enduring a five-year legal battle, Mr Lee said he felt it was important to defend his right to challenge Islamic teachings.
He told The Telegraph: “I’m the wrong person for the Institute and Faculty to have picked on, because I believe really strongly you have to speak up about these things.
“I’m speaking up about the sort of things that many people in the country are concerned about.
“And it’s wrong, as we saw with the Rotherham grooming gang scandal, for people to keep quiet. Because that actually costs lives.”
The 61-year-old had been a member of the IFoA for more than three decades, including stints on the professional body’s council and management board.