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A London employment tribunal has ruled in favor of Abdalah Al-Abasi, a Muslim recruitment manager, in a case of religious harassment against his employer. The ruling came after Mr. Al-Abasi was told he would face "consequences" if he didn't remove a LinkedIn post that criticized a fellow consultant for their "far-right" views. The post was a response to a separate online communication from the consultant that the tribunal deemed was "potentially aimed to incite antipathy towards Muslims."
The tribunal heard that the dispute began in August 2024, in the "febrile atmosphere" following the tragic murders of three children in Southport. In the aftermath of the attacks, there was a surge of "provocative and inciting online communications regarding the background and religion of the assailant," leading to widespread riots. The recruitment consultant, who was not named by the tribunal, posted a message on LinkedIn that referenced "Islamic grooming gangs" and other acts of violence. The tribunal found this message to be "distorting" and agreed that Mr. Al-Abasi, as a Muslim, "understandably took exception to" it.
In response, Mr. Al-Abasi, who earned over £100,000 annually as a Divisional Manager at Eden Brown Built Environment, posted a warning to his professional network to avoid working with the consultant, highlighting what he called a "far-right" ideology. Following a complaint from the consultant, Mr. Al-Abasi's managing director, Mark Stratton, asked him to take down his post, citing the company's social media policy. The policy requires employees to make it clear they are not speaking for the company and to avoid posting anything that could damage the business's reputation.
Despite being asked to remove the post, Mr. Al-Abasi offered a compromise, proposing to add a disclaimer to his post stating his views did not represent his employer's. While this was initially accepted, Mr. Al-Abasi was later threatened with a gross misconduct charge if he did not fully remove the post. Mr. Al-Abasi stated he felt "he was being silenced as a Muslim and as a human."
Employment Judge Richard Nicolle concluded that while an employer can set limits on employee conduct, Mr. Al-Abasi had not "overstepped that mark." The judge found that the company's request created an "intimidating and hostile environment" and that Mr. Al-Abasi had "objective grounds" for his offense. He will receive compensation for injury to feelings, with the exact amount to be determined at a later date.
