Tim Nicholson, the former head of sustainability at Grainger plc, has succeeded in his claim at an Employment Appeal Tribunal that his views on the environment were so deeply held that they were entitled to the same protection as religion convictions, and therefore protection by anti-discrimination legislation. Mr Nicholson claimed that he was unfairly dismissed and discriminated against because of his philosophical belief about climate change.
Mr Nicholson was made redundant in July 2008 when he launched his legal action. Yesterday’s decision means that he will be able to take his case for unfair dismissal to an employment tribunal. The Judge, Mr Justice Burton, said that:
“A belief in man-made climate change, and the alleged resulting moral imperatives, is capable if genuinely held, of being a philosophical belief for the purpose of the
2003 Religion and Belief Regulations”.
Camilla Palmer, employment partner and discrimination law specialist at Leigh Day, welcomed the decision saying that to dismiss an employee, or treat him or her less favourably, because of such a belief would be unfair and discriminatory, attracting compensation which is uncapped.
This opens up further possibilities of arguing that other strongly held philosophical beliefs would gain protection provided they are genuinely held, weighty and substantial, cogent, serious and important and compatible with human dignity. That would include pacificism, vegetarianism and possibly feminism. People should be able to express such views without fear of being dismissed or disadvantaged and the law is on their side if they do so.
For more information please contact
Camilla Palmer on 020 7650 1200.
Information was correct at time of publishing. See terms and conditions for further details.