Background

In Mr A Cave v The Open University [2023] UKET 3313198/2020, the OU received internal and external complaints in June 2020 about what was claimed to be racist material that Mr Cave had posted on Twitter and on a YouTube channel he had set up entitled “Renew Britannia” [6]. For example, when Dr Shola Mos-Shogbamimu celebrated Africa Day in a Twitter post and commented “Proudly African from the roots of my hair to the soles of my feet. Always”, his response was “Fuck off and go home!” [10].

He was suspended and interviewed at an investigation meeting. A disciplinary meeting followed, and he was summarily dismissed. His appeal was unsuccessful [6].

In his written attachment to the claim form, he stated that in dismissing him the OU had discriminated against him on the grounds of philosophical, religious, and political belief and claimed that his belief was a protected characteristic, “but did not state directly what that belief was” [13]. Continue reading →