Belief in climate change can be a philosophical belief

An employment tribunal has held that a Claimant’s belief that carbon emissions must be cut to avoid the catastrophic consequences of climate change could amount to a philosophical belief for the purposes of the Employment Equality (Religion or Belief) Regulations 2003 ("the Regulations").

In Nicholson v Grainger plc and ors the Claimant had been dismissed as Head of Sustainability by reason of redundancy. He asserted that he had actually been dismissed because of his belief in climate change and presented several claims to the Tribunal, including one under the Regulations. At a pre-hearing review the Tribunal had to decide whether his belief in climate change fell within the scope of the Regulations as a ‘philosophical belief’. The Claimant argued that his views on climate change were not merely opinion, but that it was a belief that affected most aspects of his life – how he lives, how he travels, what he buys and what he eats.

Following previous case law, the Tribunal found that the issue of climate change commanded the highest respect in democratic societies and was sufficiently serious and important enough to be a philosophical belief. They rejected the Respondent’s argument that beliefs derived entirely from empirical evidence are not philosophical beliefs for the purpose of the Regulations.

This decision does not mean that the Claimant will succeed with his claim. He will still need to prove that, while on the face of it he was dismissed for redundancy, in reality his dismissal was because the company’s directors disapproved of his beliefs. However, the decision will potentially allow for a wide range of views to be brought within the Regulations scope. Examples could include vegetarianism and animal rights activism.