header-logo header-logo

Employment—Discrimination—Philosophical belief

12 November 2009
Issue: 7393 / Categories: Case law , Law reports
printer mail-detail

Nicholson v Grainger plc and others [2009] All ER (D) 59 (Nov), UKEAT/0219/09/ZT

Employment Appeal Tribunal, Burton J, 3 November 2009
A belief in man-made climate change is capable of amounting to a “philosophical belief” for the purposes of the Employment Equality (Religion or Belief) Regulations 2003 (SI 2003/1660), (EER 2003).
John Bowers QC (instructed by Grange Wintringham) for the employee. Dinah Rose QC and Ivan Hare (instructed by Bindmans LLP) for the employer.

The employee worked for the employer until July 1998 when, according to the employer, he was dismissed on the ground of redundancy. The employee brought a complaint before an employment tribunal, contending that he had been unfairly dismissed and subjected to discrimination contrary to EER 2003, due to his asserted philosophical belief about climate change and the environment.

Paragraph 3 of the Regulations provided “(1) For the purposes of these Regulations, a person (“A”) discriminates against another person (“B”) if … (a) on the grounds of the religion or belief of B … A treats B less favourably than he treats or would treat

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll