You don not have to be crazy to be an environmentalist, but (according to an employment tribunal in London) it helps.
by Michael Smith (Veshengro)
The Employment Equality (Religion or Belief) Regulations 2003 prohibit discrimination in the workplace by reason of any religion or belief. The regulations were amended in 2007, so that “belief” now means “any religious or philosophical belief”.
Tim Nicholson, who had been head of sustainability at Grainger Plc, was made redundant. He brought a number of claims, including unfair dismissal and discrimination on the grounds of religion or belief.
The discrimination claim was on the grounds that Nicholson had “a strongly held philosophical belief about climate change and the environment”.
He argued that his beliefs were “not merely an opinion, but a philosophical belief which affects how I live my life including my choice of home, how I travel, what I buy, what I eat and drink, what I do with my waste and my hopes and my fears.” A pre-hearing review was held to consider various issues, including whether Nicholson’s beliefs were protected.
The employment judge held that Nicholson’s beliefs about climate change and the environment were capable of being a belief for the purposes of the regulations, taking into account the McClintock case, where the Employment Appeal Tribunal (EAT) held that the test for determining whether beliefs can properly be considered to fall into the category of a philosophical belief is whether they have “sufficient cogency, seriousness, cohesion and importance and are worthy of respect in a democratic society”.
The employment judge held it was difficult to argue that beliefs around the impact of climate change did not fall within this definition and Nicholson’s beliefs gave rise to the sort of moral order derived from most religions.
It was also held that the case could be distinguished from McClintock (where the EAT held that a view relating to adoption by same-sex couples did not fall within the definition) as Nicholson’s views went beyond a mere opinion as they affected the way he led his life.
This is the first reported case where a claimant has successfully argued a belief not similar to a religious belief may be protected under the regulations. Previously, tribunals have tended to take a narrow interpretation of what could amount to a belief.
For example, patriotism and loyalty to a flag or support for the British National Party were found not to fall within the definition, although both these cases were made before the definition was amended. While not binding on other tribunals, this case does suggest a broader approach.
Based on this view, strong opinions on vegetarianism or sexual abstinence or those of survivalists would arguably be capable of constituting a “belief”.
However, as the employment judge noted, claimants may often find it difficult to establish that the reason for their treatment was on the grounds of their belief, so it is unlikely there will be a deluge of these types of claims.
On the other hand I find it hard to understand, and then again we are not able, for reasons of privacy, to be privy (no, nothing to do with an outhouse) to all the details of this case, how the claimant can make such as claim in view of being made redundant.
If he had been sacked for reasons of his “beliefs” then that might be one things – at least if it be openly stated to be for such reasons – but a general being made redundant is another kettle of fish altogether.
The way people go about the environmental and especially the Climate Change issue it is becoming a religion, it would seem, with the same kind of zealots as can be found in other religious sects and there especially with the fundamentalists, where Christian, Muslim or other.
As regards religion the only one that does not seem to have such problems, as to fundamentalists, seems to be Buddhism. But, alas, I digressed again.
But it is true that environmentalism is rather full of its fundamentalists, including its very own Grand Inquisition which declares anyone not agreeing with the notion that Climate Change is caused by the activities of mankind as insane and decries him or her as a heretic, who should be given no platform anywhere to broadcast his or her views. Looks like the new middle ages are upon us.
© 2009
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Environmentalism classed as a ‘belief’ in UK
