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

Gilson Gray—Paul Madden

Gilson Gray—Paul Madden

Partner appointed to head international insolvency and dispute resolution for England

Brachers—Gill Turner Tucker

Brachers—Gill Turner Tucker

Kent firm expands regional footprint through strategic acquisition

Quinn Emanuel Urquhart & Sullivan—William Charles

Quinn Emanuel Urquhart & Sullivan—William Charles

Financial disputes and investigations specialist joins as partner in London

NEWS
Ministers’ proposals to raise funds by seizing interest on lawyers’ client account schemes could ‘cause firms to close’, solicitors have warned
Is a suspect’s state of mind a ‘fact’ capable of triggering adverse inferences? Writing in NLJ this week, Andrew Smith of Corker Binning examines how R v Leslie reshapes the debate
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
back-to-top-scroll