The EAT has decided that environmental beliefs can amount to a philosophical belief capable of protection under discrimination legislation.
Professional support lawyer Elizabeth Stevens comments:
The employee in this case, Mr Nicholson, claimed that his dismissal amounted to an act of discrimination under the Employment Equality (Religion and Belief) Regulations 2003, as he alleged it resulted from his beliefs in climate change. His former employer, Grainger plc, claimed the dismissal was fair by reason of redundancy.
As a preliminary issue, an employment tribunal had to determine whether, in principle, a belief in climate change was a “philosophical belief” within the meaning of the Regulations. The tribunal decided that such a belief was protected under the Regulations, thereby allowing his claim to proceed.
Grainger plc appealed this decision to the Employment Appeal Tribunal (EAT), which has now handed down its judgment. The EAT agreed with the tribunal, ruling that such a belief was capable of being protected under the Regulations although the judgment makes it clear that Mr Nicholson still has to prove that he held a genuine belief (rather than just an opinion or viewpoint) and that his dismissal was on the grounds of that belief. The case will now go on to be decided at a full hearing.
Comment
In previous cases involving an individual’s religious (rather than philosophical) beliefs, employees have struggled to demonstrate that their treatment has been on the grounds of holding a particular belief, rather than any manifestation of that belief (such as the wearing of a cross by a Christian or a Registrar’s refusal to conduct civil partnership ceremonies).
As a result of this case, and provided there is no successful appeal, individuals who hold a genuine belief in climate change are protected from discrimination in the workplace. Such protection would extend, for example, to protection from being harassed by other employees on the basis of those beliefs. It does not mean that an individual should necessarily be allowed to carry out their job in accordance with their beliefs, or should be allowed to impose such beliefs on other employees, for example by putting pressure on them to recycle, unless this happened to form part of their duties.
Click here for a copy of the decision.