English Nationalism on the Rise: Thomas vs Surrey and Borders NHS

Mr S Thomas was dismissed with immediate effect from his interim position as a consultant to Surrey and Borders NHS Trust on the 24th of July 2018. (His employment was due to end on the 2nd of August, but could have been extended for a further three months).

The reason given for dismissal was that he had failed to disclose his previous conviction for electoral fraud in 2016. He had submitted false nomination forms for candidates to become English democrat councillors. He served 7 months, with a further 14 days in prison for breaching the terms of his bail. This was not disclosed to his employers. He had been convicted under a different name (Steven Uncle). The respondents position is that he was dismissed for providing misleading information in order to obtain the job, including not disclosing either his conviction or the name under which he was convicted.

Mr Thomas claimed that the real reason he was sacked was that his employers had discovered his affiliations with the English democrats (a nationalist political party) and English Nationalism. He defended his English nationalism as being focused on English culture and identity and not on race. He asserted that he believes in English cultural unity which includes non-English people who choose to live in England and adopt an English identity and allegiance to England.

Workers in the UK are protected from discrimination based on their religion or philosophical beliefs. This case resulted in a ruling that Included English nationalism as a protected characteristic under The Equality Act 2010.

But, don't panic yet! The claimants case for discrimination based on his English nationalism was dismissed, because while English nationalism is now protected from discrimination, he had also publicly expressed anti Muslim and anti migrant sentiment.

To qualify as a protected characteristic, a philosophical belief must:

The Judge ruled that Mr Thomas' claim failed on the fifth point.

Through cross examination records from a previous tribunal hearing in October 2017, as well as Mr Thomas' social media posts, his anti Muslim and anti migrant views were found to be a clear part of his English nationalist belief. We have decided, respectfully, not to include the claimant's xenophobic and racist remarks. Direct quotes are available in the Judge's notes. In summarising the evidence regarding Mr Thomas' beliefs and the basis under which he held them, the judge concluded; It was in short, pure prejudice.

Based on this new ruling, which protects English nationalism like any other protected characteristic, English nationalists do not by any means have a free rein to express any sentiment which is oppressive toward other groups or beliefs. Doing so would negate their right to protection from discrimination based on their English nationalism and they may be liable for a counter claim of discrimination themselves.