In the case of Grainger plc and others v Nicholson, the Employment Appeals Tribunal held that a genuine belief in man made climate change and the alleged resulting moral imperatives, is capable of being a ‘philosophical belief' in accordance with the Employment Equality (Religion or Belief) Regulations 2003 as applied in employment law.
The Regulations prohibit indirect discrimination, victimisation and harassment by reason of religion, or religious or philosophical belief.
The EAT set out the following guidelines for determining what is a ‘philosophical belief'. The belief must:
- be genuinely held;
- be a belief and not simply an opinion or viewpoint based on current available information;
- be a belief as to a weighty and substantial aspect of human life and behaviour;
- attain a certain level of cogency, seriousness, cohesion and importance;
- be worthy of respect in a democratic society, be not incompatible with human dignity and not conflict with the fundamental rights of others.
Mr Nicholson was the head of sustainability at Grainger plc, before being made redundant. He is claiming that he was dismissed due to his belief in climate change and the protected disclosures that he had made.
The case will now proceed to a hearing. This decision could also have further implications should employees wish to seek protection on other lifestyle choices such as vegetarianism or pacifism.
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