Ms A Sohail Ms A Khalid v Lloyds Bank plc — 2024

The claimants, both Muslims, received final written warnings after posting or emailing internal messages about the Israel/Palestine conflict. They alleged direct and indirect discrimination because of religion or belief, relying on Islamic beliefs in opposing oppression and racism and, alternatively, anti-Zionist beliefs. The tribunal found that both claimants held beliefs in opposing oppression and racism as part of their Islamic religious beliefs, but that the relevant posts/emails were not manifestations of those religious beliefs.

The tribunal also found that neither claimant held the pleaded anti-Zionist beliefs at the time of the posts/emails and that their views about Israel/Palestine at that time did not meet the Grainger criteria for protected philosophical belief. In the alternative, the tribunal considered that the posts/emails would have been manifestations of anti-Zionist belief and that disciplinary action would have gone too far if protected anti-Zionist belief had been established, but that did not change the primary outcome.

For indirect discrimination, the tribunal accepted that the respondent applied a neutral PCP concerning inappropriate, offensive or potentially offensive speech, but found that the claimants had not proved group disadvantage for Muslim employees. All claims failed and were dismissed, so no remedy was awarded.