Belief in climate change is a “philosophical belief”

This month saw the judgement in Grainger Plc v Nicholson: an Employment Appeal Tribunal has held that a belief in man-made climate change, and the alleged resulting moral imperatives, is capable of being a ‘philosophical belief’ for the purpose of the Employment Equality (Religion or Belief) Regulations 2003.
This is the interesting case where Nicholson, the head of sustainability, was made redundant from property company Grainger Plc and claims he was unfairly dismissed because of his belief in climate change.

The Employment Equality (Religion or Belief) Regulations 2003 (the Religion or Belief Regulations) came into force in December 2003 and implement the religious discrimination aspects of the Equal Treatment Framework Directive 2000/78/EC. They prohibit direct discrimination, indirect discrimination, discrimination by way of victimisation or harassment in the workplace by reason of any religion or belief. The term ‘belief’ is defined as ‘any religious or philosophical belief’.

This is the first reported case where a claimant has successfully argued a belief not related to a religious belief may be protected under these regulations. Previously, tribunals have taken a slim interpretation of what could amount to a “belief” so watch out for further updates on other protected beliefs.

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The information contained above is for guidance only and represents our understanding of employment law and employee relations issues as at 4th December 2009. VizualHR cannot be held responsible for any action or inaction taken in reliance upon the contents. Specific advice should be sought on any individual matter.