Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Belief discriminationEmployment lawEquality, diversity and inclusionReligious discrimination

Climate change beliefs case is no cause for alarm, say experts

by Helen Gilbert 10 Nov 2009
by Helen Gilbert 10 Nov 2009

Employment experts have urged the profession not to panic following a ruling that employees’ philosophical beliefs should be legally protected.

Tim Nicholson, head of sustainability at property firm Grainger, last week discovered he could bring a tribunal claim against his employer after he claimed his environmental beliefs were the reason behind a decision to make him redundant from his firm.

The judge ruled that the eco-friendly views of Nicholson were philosophical beliefs and should be protected under equality law.

The case raised fears that with no definitive list of protected beliefs, employers were unaware of what could be covered by the legislation, leaving the system open to abuse.

However, Jo Stubbs, XpertHR employment law editor, told Personnel Today that such claims would have to be vigorously tested and cross-examined in court to establish a philosophical belief. The judge in the case set out guidelines for determining what a ‘philosophical belief’ amounted to, she said.

“The judge said the belief must be genuinely held; it must be a belief and not an opinion or belief based on the present state of information available; it must be a belief as to a weighty and substantial aspect of human life and behaviour; it must attain a certain level of cogency, seriousness, cohesion and importance; and it must be worthy of respect in a democratic society, not be incompatible with human dignity, and not conflict with the fundamental rights of others,” Stubbs said.

Stubbs pointed out that the chances of Jedi Knights bringing a successful claim looked “slim” as the judge said they would fail on at least four of his criteria.

Nicholson will now be allowed to bring a tribunal case for unfair dismissal against his employer.

A report on the judge’s decision can be found in the XpertHR stop press section.

Avatar
Helen Gilbert

previous post
Gender pay gap measured by fewer than one in five private sector firms
next post
London Underground faces new strike action after talks break down

You may also like

Uber has more drivers than ever as worker...

11 Aug 2022

Train conductor unfairly dismissed after ‘black privilege’ comment

10 Aug 2022

HMRC looking to recoup £1.4bn from businesses’ use...

1 Aug 2022

How to create an inclusive workplace for religion

29 Jul 2022

Ministers release guidance to clarify UK employment status...

28 Jul 2022

Barrister wins gender critical belief discrimination claim

27 Jul 2022

Underpayment not reported due to ‘fear and insecurity’

25 Jul 2022

‘I’m not an activist: I just want fairer...

25 Jul 2022

Why employers should collect workforce disability data

25 Jul 2022

More than a third of retailers have all-white...

21 Jul 2022
  • 6 reasons why work-based learning is better than traditional training PROMOTED | A recent Fortune/Deloitte survey found that 71% of CEOs are anticipating that this year’s biggest business disrupter...Read more
  • Strengthening Scotland’s public services through virtual recruiting PROMOTED | This website is Scotland's go-to place for job seekers looking to apply for roles in public services...Read more
  • What’s next for L&D? Enter Alchemist… PROMOTED | It’s time to turn off the tedious and get ready for interactive and immersive learning experiences...Read more
  • Simple mistakes are blighting the onboarding experience PROMOTED | The onboarding of new hires is a company’s best chance...Read more
  • Preventing Burnout: How can HR help key workers get the right help? PROMOTED | Workplace wellbeing may seem a distant memory...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2022

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2022 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+