Mr. Graham Moore v Southern Housing — 2022

The claimant worked for Southern Housing Group from late October 2019 until 9 January 2020 as a Project Supervisor. The tribunal found that the recruitment monitoring form did not have an "English" category, but that this was a one-off omission by a third-party provider, not a continuing act. That complaint was substantially out of time and the tribunal refused to extend time; it also found there was no evidence the omission affected the claimant's employment decision.

On the race discrimination allegations, the tribunal found that Adrian Lewis did not tell the claimant that a complaint had been made against him, that the claimant's account of Lewis's reaction to the English Democrats website did not show treatment because of race, and that Lewis did not know the claimant's nationality or beliefs as English. The tribunal found that the probation review evidence was considered, that the outcome was not premeditated, and that the dismissal decision was based on the claimant's failure to comply with the Code of Conduct by not updating his conflict-of-interest declaration and on the belief that he had spoken to a journalist in a way that could bring the respondent into disrepute.

On the religion or belief claim, the tribunal accepted that the claimant had articulated a philosophical belief in England, English culture, English independence and English self-determination, and it considered the Grainger criteria and Forstater. It concluded that the belief was capable of protection, even though some of the claimant's wider views were described as confused and some of his evidence on socialism and treason was found to be offensive or disturbing. Nevertheless, neither the decision-maker nor the appeal chair knew those beliefs, and the tribunal found that the employment ended for non-discriminatory reasons. The appeal was not upheld for the same reasons, and no remedy was awarded because both claims failed.