Grainger plc v Nicholson

Last updated

Grainger plc v Nicholson
CourtEmployment Appeal Tribunal
Citation(s)[2010] IRLR 4 (EAT)
Case opinions
Burton J
Keywords
Climate change, belief

Grainger plc v Nicholson [2010] IRLR 4 (EAT) is a UK employment discrimination law case, concerning the protection of religion or belief. Regarding the question of an employee's conviction about climate change, it examines the scope of the legislation's protection.

Contents

Facts

Mr Nicholson was made redundant from Grainger plc, the UK's largest listed specialist landlord. Mr Nicholson said that he had been selected for redundancy first because he believed in climate change. He argued, as a preliminary matter, that was a philosophical belief within the Employment Equality (Religion or Belief) Regulations 2003 r 2(1)(b) and should be construed in accordance with previous legal cases relating to article 9 of the European Convention on Human Rights (ECHR) (right to freedom of thought, conscience and belief) and Protocol 1, Article 2 (right to education in accordance with the philosophical beliefs of the parents of the child concerned). He said that it affected where he lived and how he travelled.

Judgment

Burton J held that a conviction that climate change exists is a protected "belief". At Paragraph 24 of the judgment , he set out the five criteria for this. (i) The belief must be genuinely held. (ii) It must be a belief and not an opinion or viewpoint based on the present state of information available. (iii) It must be a belief as to a weighty and substantial aspect of human life and behaviour. (iv) It must attain a certain level of cogency, seriousness, cohesion and importance. (v) It must be worthy of respect in a democratic society, be not incompatible with human dignity and not conflict with the fundamental rights of others. [1] The final requirements (democratic respectability and compatibility with human dignity) exclude those beliefs that reject social pluralism or that indignify other people. In that regard, Burton distinguished the beliefs of Darwinism and creationism and the belief that either of those beliefs should be promoted exclusively of the other.

As Eweida v British Airways plc [2] showed, there was a duty to draw on ECHR jurisprudence.

The lower Tribunal had taken Nicholson's word that he believed as he alleged, and indicated that it would not allow an evidentiary inquiry on that matter. Although Burton upheld the Tribunal's preliminary decision as to applicable law, he directed it to permit such an inquiry before concluding that Nicholson held (or did not hold) a protected philosophical belief.

Application in subsequent cases

Veganism, a belief in Scottish independence, ‘gender critical beliefs’, opposition to critical race theory with support for the attitude of Martin Luther King towards race, and anti-Zionist beliefs, have all been held to be philosophical beliefs protected under the Equality Act 2010, on the principles set out in the Grainger case. [3] [4] [5] [6] [7] [8]

See also

Notes

  1. Campbell v United Kingdom (1982) 4 EHRR 293 (7511/76) and R (Williamson) v Secretary of State for Education and Employment [2005] UKHL 15
  2. [2009] EWCA Civ 1025; [2009] IRLR 78 (EAT)
  3. Gayle, Damien. "After tribunal's ethical veganism ruling, what is a protected belief? 3 January 2020". Guardian. Guardian.
  4. "Belief in Scottish independence 'protected by law' 5 August 2020". The Scotsman. The Scotsman. Retrieved 2 January 2022.
  5. Barrett, Tess. "No further appeal on the Forstater judgment 12 July 2021". Law gazette. Law Society Gazette. Retrieved 2 January 2022.
  6. Moss, Rob (29 September 2023). "Opposing critical race theory ruled a philosophical belief". personneltoday.com. Personnel Today. Retrieved 8 October 2023.
  7. Sen, Shibani (6 October 2023). "Sean Corby v ACAS: ET Sides with ACAS Conciliator and Says His Beliefs Are Worthy of Respect". employmentlawreview.co.uk. Employment Law Review. Retrieved 8 October 2023.
  8. Davies & Sherwood (5 February 2024). "UK professor suffered discrimination due to anti-Zionist beliefs, tribunal rules". theguardian.com. Guardian. Retrieved 5 February 2024.

Related Research Articles

<span class="mw-page-title-main">Disability Discrimination Act 1995</span> United Kingdom legislation

The Disability Discrimination Act 1995 is an Act of the Parliament of the United Kingdom which has now been repealed and replaced by the Equality Act 2010, except in Northern Ireland where the Act still applies. Formerly, it made it unlawful to discriminate against people in respect of their disabilities in relation to employment, the provision of goods and services, education and transport.

<span class="mw-page-title-main">United Kingdom labour law</span> Rights of workers, unions, and duties of employers in the UK

United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK have a minimum set of employment rights, from Acts of Parliament, Regulations, common law and equity. This includes the right to a minimum wage of £10.42 for over-23-year-olds from April 2023 under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempt to limit long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995. Workers must be able to vote for trustees of their occupational pensions under the Pensions Act 2004. In some enterprises, such as universities or NHS foundation trusts, staff can vote for the directors of the organisation. In enterprises with over 50 staff, workers must be negotiated with, with a view to agreement on any contract or workplace organisation changes, major economic developments or difficulties. The UK Corporate Governance Code recommends worker involvement in voting for a listed company's board of directors but does not yet follow international standards in protecting the right to vote in law. Collective bargaining, between democratically organised trade unions and the enterprise's management, has been seen as a "single channel" for individual workers to counteract the employer's abuse of power when it dismisses staff or fix the terms of work. Collective agreements are ultimately backed up by a trade union's right to strike: a fundamental requirement of democratic society in international law. Under the Trade Union and Labour Relations (Consolidation) Act 1992 strike action is protected when it is "in contemplation or furtherance of a trade dispute".

Unfair dismissal in the United Kingdom is the part of UK labour law that requires fair, just and reasonable treatment by employers in cases where a person's job could be terminated. The Employment Rights Act 1996 regulates this by saying that employees are entitled to a fair reason before being dismissed, based on their capability to do the job, their conduct, whether their position is economically redundant, on grounds of a statute, or some other substantial reason. It is automatically unfair for an employer to dismiss an employee, regardless of length of service, for becoming pregnant, or for having previously asserted certain specified employment rights. Otherwise, an employee must have worked for two years. This means an employer only terminates an employee's job lawfully if the employer follows a fair procedure, acts reasonably and has a fair reason.

<span class="mw-page-title-main">Equal Pay Act 1970</span> United Kingdom legislation

The Equal Pay Act 1970 was an act of the Parliament of the United Kingdom that prohibited any less favourable treatment between men and women in terms of pay and conditions of employment. The act was proposed by the then Labour government, and was based on the Equal Pay Act of 1963 of the United States. It has now been mostly superseded by part 5, chapter 3 of the Equality Act 2010.

United Kingdom employment equality law is a body of law which legislates against prejudice-based actions in the workplace. As an integral part of UK labour law it is unlawful to discriminate against a person because they have one of the "protected characteristics", which are, age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex, pregnancy and maternity, and sexual orientation. The primary legislation is the Equality Act 2010, which outlaws discrimination in access to education, public services, private goods and services, transport or premises in addition to employment. This follows three major European Union Directives, and is supplement by other Acts like the Protection from Harassment Act 1997. Furthermore, discrimination on the grounds of work status, as a part-time worker, fixed term employee, agency worker or union membership is banned as a result of a combination of statutory instruments and the Trade Union and Labour Relations (Consolidation) Act 1992, again following European law. Disputes are typically resolved in the workplace in consultation with an employer or trade union, or with advice from a solicitor, ACAS or the Citizens Advice Bureau a claim may be brought in an employment tribunal. The Equality Act 2006 established the Equality and Human Rights Commission, a body designed to strengthen enforcement of equality laws.

<i>Eweida v United Kingdom</i>

Eweida v United Kingdom[2013] ECHR 37 is a UK labour law decision of the European Court of Human Rights, concerning the duty of the government of the United Kingdom to protect the religious rights of individuals under the European Convention on Human Rights. The European Court found that the British government had failed to protect the complainant's right to manifest her religion, in breach of Article 9 of the European Convention. For failing to protect her rights, the British government was found liable to pay non-pecuniary damages of €2,000, along with a costs award of €30,000.

McClintock v Department of Constitutional Affairs [2008] IRLR 29, Times 5 December 2007, is a UK employment discrimination law case concerning freedom of religion under Article 9 of the European Convention on Human Rights, unfair dismissal and the new Employment Equality Regulations 2003.

Copsey v WWB Devon Clays Ltd [2005] EWCA Civ 932; [2005] IRLR 811 is a UK employment discrimination law case, concerning the right to freedom of religion under Article 9 of the European Convention on Human Rights.

Redfearn v Serco Ltd [2006] EWCA Civ 659 and Redfearn v United Kingdom [2012] ECHR 1878 is a UK labour law and European Court of Human Rights case. It held that UK law was deficient in not allowing a potential claim based on discrimination for one's political belief. Before the case was decided, the Equality Act 2010 provided a remedy to protect political beliefs, though it had not come into effect when this case was brought forth.

Coleman v Attridge Law (2008) C-303/06 is an employment law case heard by the European Court of Justice. The question is whether the European Union's discrimination policy covers not just people who are disabled but people who suffer discrimination because they are related or connected to disabled people. At the beginning of 2008, Advocate General Maduro delivered his opinion, supporting an inclusive approach. He said discrimination law is there to combat all forms of discrimination, including those connected to protected groups of people.

English v Sanderson Blinds Ltd [2008] EWCA Civ 1421 is a UK labour law case on the question of whether a person can claim discrimination for sexuality without being actually gay. The Court of Appeal decided that it was irrelevant whether someone was gay or not or the bullies believe the person is gay or not, if the harassment has sexuality as its focus.

<i>Pearce v Mayfield Secondary School Governing Body</i>

Pearce v Mayfield Secondary School Governing Body and Advocate General for Scotland v MacDonald [2003] UKHL 34; [2003] IRLR 512 is a UK labour law case concerning sexuality and sex discrimination. It was decided before the new Employment Equality Regulations 2003.

Equality and diversity is a term used in the United Kingdom to define and champion equality, diversity and human rights as defining values of society. It promotes equality of opportunity for all, giving every individual the chance to achieve their potential, free from prejudice and discrimination.

European labour law regulates basic transnational standards of employment and partnership at work in the European Union and countries adhering to the European Convention on Human Rights. In setting regulatory floors to competition for job-creating investment within the Union, and in promoting a degree of employee consultation in the workplace, European labour law is viewed as a pillar of the "European social model". Despite wide variation in employment protection and related welfare provision between member states, a contrast is typically drawn with conditions in the United States.

Azmi v Kirklees Metropolitan Borough Council [2007] IRLR 434 is a UK labour law case, concerning indirect discrimination on grounds of religion. The United Kingdom Employment Appeals Tribunal in London (EAT) dismissed the appeal in respect of discrimination and/or harassment, but awarded £1,100 to the plaintiff for victimisation, uprated by 10% as a result of the LEA's having failed to follow the statutory grievance protocol.

<i>Ladele v London Borough of Islington</i> United Kingdom labour law case

Ladele v London Borough of Islington [2009] EWCA Civ 1357 is a UK labour law case concerning discrimination against same sex couples by a religious person in a public office.

Etam plc v Rowan [1989] IRLR 150 is a UK labour law case concerning discrimination, and genuine occupational requirements. It would now fall under the Equality Act 2010 Schedule 9.

Forstater v Centre for Global Development Europe is a UK employment and discrimination case brought by Maya Forstater against the Center for Global Development (CGD). The Employment Appeal Tribunal decided that gender-critical views are capable of being protected as a belief under the Equality Act 2010. The tribunal further clarified that this finding does not mean that people with gender-critical beliefs can express them in a manner that discriminates against trans people.

Maya Forstater is a British business studies and international development researcher who was the claimant in Forstater v Centre for Global Development Europe. The case established that gender critical views are protected as a belief under the Equality Act 2010, while stating that the judgment does not permit misgendering transgender people with impunity. At a subsequent full merits hearing, the Employment Tribunal upheld Forstater's case, concluding that she had suffered direct discrimination on the basis of her gender critical beliefs. The judgement for remedies was handed down in June 2023, with Forstater awarded compensation of £91,500 for loss of earnings, injury to feelings and aggravated damages, with an additional £14,900 added as interest.

Royal Mail Group Ltd v Efobi [2021] UKSC 33 is a UK labour law case, concerning race discrimination and the burden of proof.