This article was written in response to analysis of Miller v The University of Bristol [2026] EAT 84.

Offensive language in the workplace can cause significant problems. It can create tension and upset between colleagues and lead to substantial breakdowns in working relationships. 

Whilst the law protects individuals from hate speech, harassment and discrimination, employees are not necessarily entitled to a workplace free from views, opinions or language they find objectionable. This means that not every complaint about offensive language will – or should – result in disciplinary action.

Can ‘offensive speech’ be protected?

In some circumstances – yes. 

Clearly, not all views are protected. Those which are insignificant, incoherent or which espouse violence and hatred in the gravest of forms (such as totalitarianism or Nazism) will not qualify for EqA protection. 

However, Articles 9 and 10 of the European Convention on Human Rights (incorporated into UK law via the Human Rights Act 1998) protect rights to freedom of thought, conscience and religion as well as the right to manifest, or express, one's religion or beliefs. Under the Equality Act 2010, religion or belief is also a protected characteristic. 

So, what is an employer to do when an employee asserts that their offensive speech is, in and of itself, legally protected?

Consider the following scenarios:

• A conservative Christian employee tells an LGBT colleague that, in their view, homosexuality is sinful.
• A gender-critical employee expresses the view that biological sex is immutable. 
• A vegan employee tells a colleague that all meat-eaters are complicit in animal cruelty. 

Some of the views above may be considered unpopular, divisive, and in some cases, offensive by other colleagues. And yet, it is important to remember that the law protects both certain beliefs and the manifestation of those beliefs.

This means that – depending on the circumstances – the taking of disciplinary action in any of the above scenarios could lead to allegations of religion and belief discrimination from the employee who has caused offence. 

In such scenarios, employers face a difficult rights balancing exercise. These are complex, and inherently fact-specific. Proportionality is key. As recent case law has highlighted, whilst genuine cases of harassment and discrimination must be addressed, this must not come at the expense of legitimate freedom of expression and belief. 

Key takeaway

Employers should aim to promote tolerance and recognise that peaceful coexistence in the workplace means tolerating a broad range of views (although admittedly not all views) – even if some find those views offensive.

If in doubt, employers should seek specialist legal advice before acting. If you need guidance on balancing disciplinary action with protected belief rights, speak to our expert employment lawyers.