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11 November 2020 / John Bowers KC
Issue: 7910 / Categories: Features , Profession , Employment , Discrimination
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Protecting philosophical beliefs, a decade on

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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

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MOVERS & SHAKERS

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

DWF—11 appointments

DWF—11 appointments

DWF strengthens North West teams with 11 newly qualified solicitors

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