Lees Solicitors - Discrimination on the grounds of philosophical belief - Matt Smith

Employment Law News

Discrimination on the grounds of philosophical belief - Matt Smith


Discrimination on the grounds of philosophical belief - Matt Smith

A Tribunal recently made an interesting decision in Nicholson -v- Grainger PLC & Others. Under the Employment Equality (Religion or Belief) Regulations 2003, discrimination against an employee on the grounds of their religion or belief is prohibited.

The regulations are thought of primarily as protecting those with religious beliefs. However, the word "belief" is defined within the regulations as meaning any religious or philosophical belief. The case of Nicholson -v- Grainger is concerned with the definition of a philosophical belief.

Mr Nicholson was dismissed as Head of Sustainability from Grainger PLC by the purported reason of redundancy. However, Mr Nicholson believed that he had actually been dismissed due to his belief in climate change and whistle blowing disclosures that he had made in this regard. Mr Nicholson argued that his beliefs concerning the danger of climate change amounted to a philosophical belief because it affected decisions made in every day life such as how to travel and what to eat.

The Tribunal found in Mr Nicholson's favour stating that his beliefs had a similar affect on his life to the beliefs of those people who follow certain religions and, for example, become vegetarian or avoid a certain type of meat or believe that it is virtuous to live in poverty.

Grainger PLC have stated an intention to appeal against the decision and so it is possible that this decision will be overturned. If the EAT approve the decision of the Tribunal such that his belief in climate change amounts to philosophical belief, then Mr Nicholson will still have to prove that he was dismissed due to his philosophical beliefs rather than by reason of redundancy in order to be successful in his claim.

 

Matt Smith

This article provides a summary of a recent case/change in law/news item. It is intended for general information purposes only and is not to be relied upon. It does not constitute legal advice and should not be treated under any circumstances as a substitute for legal advice. Lees Solicitors LLP does not accept any responsibility for any loss that may arise from reliance upon the information contained within this article. The copyright in this article is owned by Lees Solicitors LLP and permission must be sought before reproduction or publishing.


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