Are eco-friendly beliefs protected by employment law?
SOURCE: INSIDER, MAY 2009
Can it be unlawful to discriminate against someone because of their beliefs in climate change? It might be, according to the recent employment tribunal decision, Nicholson –v- Grainger plc.
Mr Nicholson is claiming to have been unlawfully discriminated against on the basis of his “philosophical belief in climate change”. The firm had strong written policies on the environment, however Mr Nicholson claimed these policies were at odds with the way in which the firm actually worked. He claimed that he tried to get the Company to act in a more environmentally responsible way, which caused clashes with other senior executives in the firm. He was later dismissed by reason of redundancy.
Mr Nicholson has brought his claim under the Employment Equality (Religion and Belief) Regulations 2003. The Regulations prohibit discrimination on the grounds of religious or philosophical beliefs. There is debate over what constitutes a “philosophical” belief, and how wide the protection is. Tribunals have previously ruled that certain beliefs such as political beliefs and national loyalty do not fall within the scope of the Regulations. However, the Regulations were recently amended, and the scope of the protection may have been widened.
At the Pre-Hearing Review for this case, it was argued for Grainger plc that the claim should be struck out, since his opinion about climate change was based on fact and science, not political belief. However, the Employment Judge found that Mr Nicholson’s belief went beyond a mere opinion, and was a philosophical belief under the Regulations. Mr Nicholson had told the court that his beliefs affected every aspect of his life.
This decision could potentially lead to a flood of discrimination claims based on “philosophical beliefs”. Discrimination claims are particularly problematic for employers as there is no limit on the amount of compensation which may be awarded. However, this was not a decision at a full hearing, and could still be subject to appeal by Grainger plc. Employers should pay attention to the final decision of the Tribunal later this year.
AUTHOR: ALISON GOW
Complete the details below to send a link to this page to a friend.