header-logo header-logo

11 November 2020 / John Bowers KC
Issue: 7910 / Categories: Features , Profession , Employment , Discrimination
printer mail-detail

Protecting philosophical beliefs, a decade on

31632
John Bowers reflects on Grainger plc v Nicholson—a case believed to be important about how to qualify ‘belief’

Some of the cases I appeared in were treated as important at the time but later they are overtaken by other cases; others were slow burners and take on importance when they are cited in other cases. The case of Grainger plc v Nicholson [2010] ICR 360, [2010] 2 All ER 253 was, however, clearly likely to be of importance at the time, as it was the first case to provide a definitive analysis of what was a philosophical belief that could be protected under the Employment Equality (Religion or Belief) Regulations 2003 (SI 2003/1660).

Originally as enacted, this had protected religions or ‘similar philosophical beliefs’ but this had been amended by s 77(1) of the Equality Act 2006 to remove the word similar. It is now consolidated into the Equality Act 2010 (EqA 2010). I appeared for the employers and came second to Dinah Rose—now also

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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll