The right to sue NHS for discrimination has been given to a Christian electrician who argued his rejection of gay marriage as a religious belief.
Brian Walker, who worked at Southmead Hospital in Bristol before resigning in 2020, claims he was treated unfairly by the health service for expressing ‘traditional biblical’ views to colleagues.
Following comments made by a colleague about Walker’s remarks regarding mixed-race and same-sex relationships and Muslims, North Bristol NHS Trust gave Walker a written warning.
After being informed that his appeal had been denied, he resigned.
His belief that his ‘conservative Christian social values’ and ‘Christian sexual ethics based on the Bible’ are equivalent to protected philosophies will now be tested at an employment tribunal after a judge ruled his case can be heard.
The NHS argued Mr Walker’s claim should be struck out on the grounds his beliefs were ‘not worthy of respect in a democratic society’, were ‘incompatible with human dignity’ and ‘conflicted with the fundamental rights of others’.
But at a preliminary hearing, Judge Derek Reed dismissed the NHS’s submission and ordered a full hearing of the case should now go ahead in the autumn.
Christian electrician Brian Walker has been given the right to sue the NHS – his former employers – after arguing his conservative Christian views are equivalent to protected philosophies
A tribunal heard that Walker, a two-year employee at Southmead Hospital in Bristol, had had an argument with a female health assistant. She complained about Walker in May 2018.
She claimed he had been ‘aggressive’ and had made comments about same sex relationships, mixed race relationships and Muslims.
She said he had stated that he believed ‘same-sex marriage was contrary to biblical teaching’.
These were the issues that Mr Walker (66) was confronted with in June. He then filed a grievance against the Trust on August 1.
He claimed the comments made by him were not intended to be racist or offensive but he was ‘exercising his freedom of speech’ by sharing his ‘traditional biblical values, particularly regarding marriage’.
After the investigation into the grievance, Walker was removed from his position pending an extensive disciplinary investigation.
The investigation into Mr Walker had been completed by August 2019. He was then given a written warning and ordered to complete equality and diversity training.
Mr Walker was told the allegations against him included him demonstrating behaviour ‘that was not in line with the Trust values’ and that he had breached the Trust’s Equality and Diversity policies.
Following his rejection of appeal, he decided to resign in July 2020.
The tribunal heard Mr Walker will argue his beliefs in ‘conservative Christian social values’ and ‘Christian sexual ethics based on the Bible’ amount to protected philosophies, as well as his opposition to ‘the growing influence of Islam in Britain and other countries’.
Among his other beliefs are his opposition to same sex unions and homosexual acts, as he believes ‘marriage is a divinely instituted union between one man and one woman’.
Mr Walker also claims ‘the attention and priority given in many sections of modern society to inclusivity and positive action in favour of non-Christian faiths, minority sexual orientations, and transgenderism, is excessive and unhealthy’.
Employment Judge Reed ruled he could not decide whether his claim had ‘little or no reasonable prospect of success’ at this stage and refused to strike out his claim.
Mr Walker claims he was treated like a ‘terrorist’ by NHS bosses and was forced out of the job despite telling bosses he was under severe pressure at the time supporting his disabled children through complex issues.
He said the experience nearly ‘destroyed’ his family.
Responding to the judgment, Mr Walker said: ‘I am relieved and delighted to hear the judge’s ruling and that the case can now proceed to a full hearing.
The NHS suppresses ‘Christian beliefs’ and particularly any expressions of them.
“The argument, that my beliefs aren’t worthy of legal protection must cease.
“This isn’t about me. This case is being fought for young Christians, who are facing mortgages and uncertain careers.
After his appeal against the final written warning issued after a colleague made complaints about Mr Walker’s comments regarding same-sex relationships, mixed races relationships, and Muslims was denied, Mr Walker decided to resign from his position as Southmead Hospital electrician (pictured).
Andrea Williams, chief executive of the Christian Legal Centre which is supporting his case, added: ‘In a truly free society we must be able to question and critique each other’s beliefs.
Brian is now free to ask questions about other faiths and beliefs.
“Christian social value advocate the freedom for individuals to express and live their beliefs freely in a society free from interference and also to convince others about their beliefs in democratic societies.
“We stand by Brian, as he seeks justice in the case.”
The Scout Association fired Mr Walker from his role as a youth leader in February 2018. He had made headlines for making a comparison between a Muslim colleague who was using niqabs to Darth Vader, the Star Wars villain.
Walker served 11 years in the Armed Forces, including with the SAS. He claimed he didn’t want to inflict any personal offense.
He 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’.
After the Scout Association settled out of court, the case was resolved.