Belief in climate change amounts to a philosophical belief
Tom Nicholson, former head of sustainability at Grainger plc, has successfully argued at a pre-hearing review that his belief that climate change is the most important environmental problem facing the world today amounts to a philosophical belief under the Employment Equality (Religion and Belief) Regulations, 2003. His case will now go forward to a full tribunal hearing.
When the definition of ‘belief’ was amended in the Employment Equality (Religion and Belief) Regulations, 2003 (EERB Regs) to remove the requirement that philosophical belief had to be similar to a religious belief, the immediate question was how far would the new definition ‘stretch’.
Tom Nicholson was made redundant from his position as head of sustainability at Grainger plc. He is claiming that his dismissal was both unfair and discriminatory, with the discrimination element being an alleged breach of the EERB Regs in that one of the reasons for his dismissal was his strong belief about the importance of the environment and the impact of climate change, which caused numerous disagreements with other executives in the firm.
Mr Nicholson alleges that while Grainger had good written policies on corporate social responsibility and the environment, the reality was that the firm was not managed in a way which was consistent with those policies. He further alleges that when he took a number of steps to try and ensure that the firm acted in a more environmentally responsible way, senior management blocked his efforts.
Grainger attempted to get the claim struck out on the basis that Mr Nicholson’s views on climate change were based purely on scientific evidence and therefore could not constitute a philosophical belief which shaped his life. However the employment judge disagreed and found that the belief in the dangers of climate change was profound and serious to the extent that it affected Mr Nicholson’s whole way of life and perception of the world. The full employment tribunal hearing will now take place in June.
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