New Laws on Discrimination
02 February 2010
Views on climate change and spiritualism ruled equally important as religious beliefs in discrimination cases
In the recent case of Nicholson v Grainger Plc, Tim Nicholson was made redundant in 2008 by his employer, Grainger Plc, as head of sustainability.
Nicholson argued that his views and beliefs on climate change had contributed to his dismissal.
He argued that he had tried to set up a carbon management system for the company, but was unable to work out its carbon footprint because staff had refused to provide the necessary data. Furthermore, he accused the chief executive of showing ‘contempt’ as he once flew a member of staff to Ireland to deliver his mobile phone, which he had left in London.
Grainger Plc has fiercely defended the claim, arguing that views on climate change are political and that he had been dismissed due to structural changes within the company.
However, Nicholson has been given permission to make his claim of discrimination under the Employment Equality (Religion and Belief) Regulations 2003 that covers any religion, religious belief or philosophical belief. The EAT ruled that views on climate change did in fact amount to a ‘philosophical’ belief within the meaning of the Regulations.
Similarly, in another recent case, a police worker who claimed he was sacked because he believed psychics could be used in criminal investigations to contact the dead has also won a ruling that his beliefs should be covered by the Regulations.
Alan Power, 62, claimed that he was fired from his job after just three weeks, when his bosses became aware of his spiritualist views. He told the employment tribunal that he believed that psychics could contact people after death and help in criminal investigations. He added that his beliefs stemmed back to childhood when he claimed he saw ghosts. He has also been a member of a Spiritualist church for more than 30 years.
Judge Peter Russell ruled, “In this case I am satisfied that, in common with other spiritualists, the claimant believes in the existence of God, that there is life after death and that the dead can be contacted through mediums. I am satisfied that such beliefs are capable of being religious beliefs for the purpose of the 2003 Regulations.”
Despite winning a ruling that his views should be seen as faith, the tribunal found that Mr Power was not a victim of discrimination. The tribunal heard that there were a number of other reasons behind Mr Power’s dismissal.
Summary
The two cases highlight concerns that the floodgates will be open for a series of other claims and that employees could potentially sue their employer for failing to account for their beliefs. The decision in Grainger is particularly concerning as employees could sue their employer for failing to account for their green lifestyles such as providing recycling facilities or offering low carbon travel.
For further information on avoiding discrimination claims against your Company contact Lindsey Kidd on 01244 31 81 31 or via email at ljk@law.uk.com.
