An employment tribunal has ruled that holding a view that opposes critical race theory can be considered a philosophical belief under the Equality Act.
In August 2021, Sean Corby, a senior mediator for Acas, posted on Yammer, a private workplace communications platform, that critical race theory is divisive because it portrays white people as racist.
Critical race theory is a set of ideas that hold that racism is embedded in society, that it is not only the product of individual bias and prejudice, but is entrenched in legal systems and policies.
Philosophical belief
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Corby argued that a better approach to addressing racism was to follow the ideas of Martin Luther King, who said that people should be judged by the content of their character rather than the colour of their skin.
Some of Corby’s colleagues complained to managers that his comments demonstrated “a deep-rooted hatred towards black and minority ethnic people who challenge racism, organise in black structures and safe spaces and mobilise against racism” and were “promoting racist ideas”.
They added that they would not feel “safe to be in contact with him in person” and questioned his right to be employed by Acas.
Managers at the conciliation service dismissed the complaints but instructed Corby to remove the posts, which criticised the Black Lives Matter movement, as some employees had found them offensive.
Corby, who has accused his employer of acting “like East Germany”, took Acas to the employment tribunal, claiming he had been unlawfully discriminated against and that his views were protected under the Equality Act 2010.
In what is believed to be a legal first, employment judge Kirsty Ayre, who presided over a three-day hearing in Leeds earlier this month, ruled in Corby’s favour on the basis that he had given his beliefs “careful consideration and much thought”.
The judgment on this preliminary issue added: “The claimant’s beliefs relate, in essence, to the best way of eliminating racism in society, and are clearly worthy of respect. They cannot be described as incompatible with human dignity or conflicting with the fundamental rights of others, even if they are not universally shared and were objected to by some of the claimant’s colleagues.”
As such, his belief in opposing critical race theory amounts to a protected characteristic that can be afforded protection by Section 10 of the Equality Act.
The tribunal case will continue in April 2024 where Corby’s legal team will argue that he was unlawfully discriminated against by Acas for his beliefs in opposing critical race theory.
An Acas spokesman said: “We take pride in having a diverse workforce and have noted the tribunal’s decision on one aspect of this case that is set to conclude next year. We value Acas staff having a voice and our regular staff surveys continue to show that Acas is an inclusive organisation.”
Toby Young, general secretary of the Free Speech Union, which has been supporting Corby, described the case as “a significant victory” for freedom of speech.
He told The Times: “Sean’s belief that we should judge people on the content of their character rather than the colour of their skin is eminently sensible and shared by most people, save for a handful of far-right and far-left activists. His employer should not have taken seriously the vexatious complaints of Sean’s colleagues, who claimed that his quoting Martin Luther King made them feel ‘unsafe’.”
In a statement, the Free Speech Union said: “Employees have of course always been legally entitled to hold colour-blind ‘opinions’ on race and race equality – but in the wake of Mr Corby’s employment tribunal ruling, employers will have to consider the fact that manifesting those opinions through lawful speech and action has for the first time been granted protection under the Equality Act.”
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