Respondent won Employment Tribunal · 24 May 2023

Tweets about Islam led to dismissal but tribunal rejects philosophical belief claim

A senior business development manager dismissed after colleagues discovered her tweets about Islam and hijabs lost her discrimination and unfair dismissal claims. The tribunal ruled her views were not protected philosophical beliefs.

1 min read · Last updated 18 May 2026

Case details
  • #conservatism
  • #gender-equality
  • #secular-atheism
  • #freedom-of-expression
  • #social-media-tweets
  • #reputational-risk
  • #unfair-dismissal

Key facts

  • The claimant was employed as a Senior Business Development Manager from 6 September 2021 to 10 November 2021.
  • In 2017, the claimant posted three tweets about Islam and hijabs, which were later reported in national newspapers.
  • The claimant was suspended as a Conservative candidate after the tweets were publicised.
  • In October 2021, colleagues discovered the tweets and raised concerns with management.
  • The respondent dismissed the claimant after a brief meeting, believing the tweets were racist and posed a reputational risk.
  • The tribunal found the claimant did not hold protected philosophical beliefs under the Equality Act 2010.

Timeline

  1. First tweet posted

    Claimant tweeted about hijabs, calling it a 'lame attempt' to justify them.

  2. Second tweet posted

    Claimant tweeted about parents 'banging on about Islam and their rights' and expressed confusion why people with such views live in the West.

  3. Third tweet posted

    Claimant tweeted comparing Islam to Nazism and criticising religion.

  4. News articles published

    iNews and BBC reported the tweets, leading to claimant's suspension as Conservative candidate.

  5. Apology recorded

    Claimant recorded a video apology for the Nazi comparison but stood by other views.

  6. Employment started

    Claimant began employment as Senior Business Development Manager at The Hut.Com Limited.

  7. Colleagues discover tweets

    Colleagues in Manchester shared news articles about the claimant's tweets via Teams messages.

  8. Manager informed

    Kit Savatherajan informed Ms Cohen about the tweets after being alerted by colleagues.

  9. Dismissal meeting

    Claimant was called to a meeting and dismissed for posting inappropriate racial comments on social media, deemed a reputational risk.

  10. Dismissal letter sent

    Claimant received a letter confirming dismissal and reasons.

The outcome

The tribunal dismissed all claims. It held that the claimant did not hold a philosophical belief within the meaning of section 10 of the Equality Act 2010. The claims of direct and indirect discrimination therefore failed.

The unfair dismissal claim also failed because the claimant had less than two years' service and could not show the reason for dismissal was her political opinions or affiliation with the Conservative Party. The tribunal accepted the respondent's reason was the reputational risk from the tweets.

No compensation was awarded.

Lessons & takeaways

  • To claim philosophical belief discrimination, you must show your belief is genuinely held, cogent, serious and worthy of respect in a democratic society.
  • Employees with less than two years' service generally cannot claim unfair dismissal unless the reason is automatically unfair, such as political opinion.
  • Employers can dismiss for conduct that poses a reputational risk, even if the conduct occurred before employment, as long as the decision is reasonable.
  • Social media posts from years earlier can still be used to justify dismissal if they come to light during employment.

What this case shows

This case illustrates the limits of protection for philosophical beliefs in the workplace. The claimant, a Senior Business Development Manager at The Hut.Com Limited, was dismissed just two months into her role after colleagues discovered tweets she had posted in 2017 about Islam and hijabs. The tweets had previously caused her to be suspended as a Conservative Party candidate.

The claimant argued that her tweets reflected protected philosophical beliefs including conservatism, gender equality, secular atheism and freedom of expression. She claimed her dismissal was discriminatory and unfair.

Why the tribunal disagreed

The tribunal applied the established test for philosophical beliefs, which requires them to be genuinely held, cogent, serious and worthy of respect in a democratic society. It found that the claimant's views did not meet this standard. The tweets were considered offensive and not a manifestation of a protected belief system.

Because the claimant had less than two years' service, she could only bring an unfair dismissal claim if the reason was automatically unfair, such as dismissal for political opinions. The tribunal accepted the respondent's evidence that the dismissal was due to the reputational risk posed by the tweets, not the claimant's political affiliation.

What the respondent did right

The respondent acted swiftly once the tweets were brought to management's attention. The tribunal noted that the decision to dismiss was within the range of reasonable responses, given the potential damage to the company's reputation. The claimant had not raised any protected belief during the dismissal process.

Implications for similar claims

Employees who express controversial views on social media should be aware that those views may not automatically qualify as protected philosophical beliefs. The bar for protection is high. Employers, meanwhile, can take into account off-duty conduct that poses a genuine reputational risk, provided they act reasonably and on proper evidence.

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