Grainger has lost its appeal against an employment tribunal ruling under which its former head of sustainability could claim unfair dismissal because of his “belief” in climate change.
In a landmark decision given this morning, Burton J ruled that: “A belief in man-made climate change, and the alleged resulting moral imperatives, is capable, if genuinely held, of being a philosophical belief for the purpose of the Employment Equality (Religion or Belief) Regulations 2003.”
Grainger had hoped to overturn the decision in March of the employment tribunal chairman David Sneath that Tim Nicholson’s stance was a genuine “philosophical belief” under the 2003 Regulations.
On appeal, the residential property investment company had argued that “a belief in climate change and the environment… is not a religious or philosophical belief” but “a political view on science and/or the world”, which is not covered by the law.
Nicholson, who was made redundant in July 2008, can now take his case for unfair dismissal to a full employment hearing, on the ground that Grainger discriminated against his views.
He claims that his views on the environment prompted clashes with other senior executives and led to him being sacked.
Following judgment, Nicholson’s solicitor, Shah Qureshi, partner and head of employment Law at Bindmans, said that the decision created a “level playing field” for religious and non-religious beliefs and “confirms, for the ever-increasing number of people who take a philosophical stance on the environment and climate change and who lead their lives according to those principles, that they are protected from discrimination by corporates and others”.
Nicholson said that the ruling was a victory for “anyone suffering from discrimination owing to their belief in man-made climate change”.
“Belief in man-made climate change is not the new religion, it is a philosophical belief that reflects my moral and ethical values and is supported by the overwhelming scientific consensus.”
Dave Butler, director of corporate affairs, Grainger, said: “This decision merely confirms that views on the importance of environmental protection are capable of amounting to a philosophical belief.
“Grainger absolutely maintains, as it has done from the outset of these proceedings, that Mr Nicholson’s redundancy was driven solely by the operational needs of the company during a period of extraordinary market turbulence, which also required other structural changes to be made within the company.
“Grainger rejects outright any suggestion that there were other motivations relating to Mr Nicholson’s beliefs or otherwise.
“Grainger has a long-held commitment to acting as a responsible landlord, employer and member of the business community.”
Grainger plc and others v Nicholson Employment Appeal Tribunal (Burton J) 2 November 2009.
John Bowers QC (instructed by Grange Winteringham Solicitors, of
