UK Judge Rules Right to Criticize Islam Protected Under Equality Act

Landmark Ruling on Freedom of Speech

A UK employment tribunal has issued a landmark ruling affirming that the right to criticize Islam is a protected belief under the Equality Act 2010. The decision, delivered by Judge David Khan in a case involving actuary Patrick Lee, marks a significant moment for freedom of expression in the United Kingdom. The written judgment was issued on November 3, 2025, following a preliminary hearing in July 2025.

Background of the Case

The case originated from a disciplinary process initiated by the Institute and Faculty of Actuaries (IFoA) against Patrick Lee, a 61-year-old veteran actuary. Lee had resigned from the IFoA in September 2020 after being investigated for social media posts, specifically tweets, critical of Islam made between March and August 2020.

After a four-year disciplinary process, the IFoA found Lee guilty of professional misconduct in April 2025 for his 'offensive posts on Islam'. He was ordered to pay £22,667 in costs. Lee, an atheist, appealed this ruling, arguing that his criticisms of Islam constituted philosophical beliefs protected under the Equality Act 2010.

The Tribunal's Decision and Legal Basis

Judge David Khan sided with Lee, ruling that 'Islam-critical' beliefs are protected in law. This decision is the first time a British court has explicitly recognized such protection. The judgment emphasized a crucial distinction: that criticism of Islamic doctrines and practices is protected, provided it does not target individual followers of Islam.

Judge Khan observed that Lee provided 'cogent, consistent, and credible evidence' for his view that 'unreformed Islam' is 'problematic for Western liberal democracies'. This aligns with the principle that questioning ideas, texts, or doctrines falls within the scope of intellectual freedom and public debate, while attacking or scorning believers constitutes an attack on human dignity.

Implications for Free Speech and 'Islamophobia'

The ruling has been widely hailed by free speech campaigners as a significant victory. It is seen as potentially complicating the government's efforts to roll out an official definition of 'Islamophobia'. Lord Toby Young, director of the Free Speech Union, stated that the judgment 'will make it much harder for the Government to roll out an official, state-approved definition of 'Islamophobia''.

The case draws parallels to the Maya Forstater case, which established protection for 'gender-critical beliefs' under the Equality Act 2010. While the tribunal has ruled on the protected status of Lee's beliefs, a final seven-day hearing is scheduled for February 2026 to determine whether his specific tweets were an appropriate manifestation of those beliefs.