By: Matt Dathan

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Law protects opposition to critical race theory, judge rules

By: Matt Dathan

Published: Sep 29, 2023

Holding a view that does not subscribe to critical race theory is a protected characteristic under equality laws, a judge has ruled in what is believed to be a legal first in the UK.

Sean Corby, an employee of the government’s workplace conciliation service Acas, took the organisation to an employment tribunal after bosses ordered him to remove comments that he posted on social media that were critical of Black Lives Matter (BLM).

Corby had written that critical race theory, an ideology that believes racism is entrenched in society and which is at the heart of the BLM movement, is divisive because it portrays white people as racist.

He argued that a better approach to addressing racism in society was to follow the approach of Martin Luther King, who said we should aspire to a day when people would be judged by the content of their character rather than the colour of their skin.

Corby made the comments on Yammer, a workplace social media platform.

Some of Corby’s colleagues complained to Acas’ management that the comments were offensive and brought a grievance case against him. They claimed that he was “using the Yammer platform to promote racist ideas” and suggested he could be member of a far-right group. They also said they would not feel safe to be “in contact with him” and questioned his right to be employed by Acas.

Acas dismissed their complaints, but instructed Corby to remove the posts on the grounds that employees had found them offensive.

Corby has taken Acas to an employment tribunal, claiming he had been unlawfully discriminated against and his views were protected under the Equalities Act in the same way as his colleagues’ views on critical race theory. Religion or belief are among nine protected characteristics under the Equalities Act.

The Free Speech Union, which has supported Corby in his case against Acas, said his colleagues had wrongly tried to silence him.

Acas defended its decision to instruct him to remove his social media posts, arguing that what he was posting were only opinions, rather than beliefs and were subsequently not protected under the Equalities Act.

Employment Judge Kirsty Ayre, presiding over the case in Leeds in a three-day hearing earlier this month, ruled in Corby’s favour on the basis that he had given his beliefs careful consideration and much thought.

As a result, she said his comments opposing Black Lives Matter and critical race theory fall under the “religion or belief” section of the Equalities Act. The ruling paves the way for the tribunal to consider in April whether Corby was unlawfully discriminated against by Acas.

It is believed to be the first time a judge has ruled that holding a contrary view to critical race theory is a protected characteristic under equality laws.

“Colleagues who’d never met me and knew nothing about me or my life targeted me and called me a racist. This caused me a great deal of distress,” Corby said.

“My beliefs on race are rooted in the ideas of Howard Thurman and others who railed against segregation and separatism, as well as in my personal experience. I grew up with black people, was immersed in their culture and dedicated my life to music and education. I have also experienced bigotry from white and black people in various forms and on many occasions. It is reprehensible of anyone to seek to divide us along lines of colour or to try and bully anti-racists like me into silence.

“I’m delighted we have made a stand and taken a step to embedding a in the workplace a more conciliatory and harmonious approach to dealing with issues around race.”

Toby Young, general secretary of the Free Speech Union, said the case was “a significant victory for the cause of freedom of speech” in the UK.

He added: “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’.”

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.”

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Here’s a diagram:

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Separation of church and state.

“cAnCeL cULtUrE dOeSnT eXiSt!!”

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