A Christian man who claims he was forced out of his job as a maintenance craftsperson due to his beliefs has been granted the opportunity to sue the North Bristol NHS Trust.
Former Southmead Hospital worker Brian Walker says the Trust took issue with what he describes as his “conservative Christian beliefs” about Islam, multi-culturalism and same-sex marriage.
The 66-year-old claims that he had no choice but to resign due to how he was treated by the Trust, saying the experience at the hospital had a negative impact on his family.
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Mr Walker is suing the North Bristol NHS Trust for discrimination, harassment and constructive dismissal from his role as a maintenance craftsperson. He claims that there were months of investigations into allegations that he made "offensive" comments to colleagues, which resulted in him being suspended pending a disciplinary investigation on November 8, 2018.
Following two disciplinary hearings in October 2019, the North Bristol NHS Trust found that there were three episodes of Mr Walker making "unsolicited comments of a discriminatory nature", and he was ordered to take diversity training and was given a final written warning.
Mr Walker appealed against the disciplinary findings, but that was rejected on July 15, 2020, and he then resigned on July 22, 2020, according to a tribunal document.
The beliefs that Mr Walker says that he holds include not believing in a multicultural society, being opposed to "the growing influence of Islam in Britain and other countries", and opposing "homosexual acts" and same-sex marriage, the document adds.
Mr Walker believes that his "conservative Christian social values" are protected under the law, and therefore he believes he was unlawfully discriminated against for his views.
Although some elements of his claim were struck out, that position could now be tested in court after Employment Judge Reed ruled that he could not take a view yet on whether or not Mr Walker was disciplined because he was discriminated against for his beliefs, or for making offensive comments, as argued by the NHS Trust.
At a hearing on November 30, 2021, North Bristol NHS Trust’s lawyers asked the tribunal to strike out his case on the grounds that his beliefs are “not worthy of respect in a democratic society” and should not be protected by the Equality Act.
However, in a judgment released last month, Employment Judge Reed referenced the recent case of Maya Forstater, whose gender-critical beliefs were ruled by the Employment Appeal Tribunal to be protected by the Equality Act.
Employment Judge Reed wrote: “It was suggested… that the beliefs were not worthy of respect in a democratic society and were incompatible with human dignity and conflicted with the fundamental rights of others…
"All that really need be said at this stage is that, in the light of the case of Forstater v CDG Europe, it does not appear that that is a submission that is likely to meet with much success."
The full hearing of Mr Walker’s claim is due to take place at a two-week employment tribunal in Bristol on October 10-21, 2022.
After the judgment was made public, Mr Walker expressed his "delight" that his claim could proceed, adding that he and his family are "determined to seek for justice".
He discussed the impact of the disciplinary procedures on his family, and added that his beliefs are "worthy of protection under law".
He added: “This case is not about me. I am fighting it for younger generations of Christians who have mortgages to pay and careers to lose.”
Andrea Williams, chief executive of the Christian Legal Centre who is supporting Mr Walker in his claim, said that the case "shows the dangers people face when daring to question or even joke about inclusion and multiculturalism".
She added: “We stand with Brian as he continues to seek justice in this case.”
A North Bristol NHS spokesperson said: “Whilst it would be inappropriate to comment on this case while it is ongoing, we have a zero tolerance policy to all abuse and discrimination and our policies are there to protect our staff, patients and visitors.”
Mr Walker previously made headlines in February 2018 when the Scout Association removed him from his position as a youth leader for comparing a canoeing Muslim leader in the organisation in a niqab veil, to the Star Wars villain Darth Vader.
At the time, he insisted that he had not wanted to cause personal offence, and often used his dry sense of humour to make a point. He had seen Scouting change and said “scouting should stick to its Christian traditions".
He had asked Boris Johnson, who was foreign secretary at the time and had faced an investigation by the Conservative Party for making jokes about Islamic face covering, to act as an expert witness to defend him for making what he described as “a quip, light-hearted tongue-in-cheek humour.”
The case ended when the Scout Association settled out of court.
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