Wednesday, November 04, 2009

British Tribunal Says Environmentalism Is Protected Under "Religion or Belief" Regulations

Britain's Employment Equality (Religion or Belief) Regulations 2003 prohibit employment discrimination on the basis of religion or belief. In Graingner PLC v. Nicholson, (EAT, Nov. 3, 2009) [full text, Word.doc], Britain's Employment Appeal Tribunal has held 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 2003 Religion and Belief Regulations. The belief must be of a similar cogency or status to a religious belief, the ECHR jurisprudence is directly material and the limitations on the concept and extent of a philosophical belief can be derived from that, without the need to place any additional limitation on the nature or source of the belief.
The company claims that Tim Nicholson, a former executive of the real estate company Grainger, was dismissed for operational reasons and not because of his environmental beliefs. The case now goes back to the Employment Tribunal for a hearing on this issue. The Independent today reports on the case.