Elaine’s blog

When Mr Nicholson was made redundant, he claimed in the Employment Tribunal that he had been selected on the basis of his belief about climate change. I know quite a lot of people who are convinced of the arguments about the progress and dangers of climate change. I know no so-called “deny-ers” , not in this country at least. I am also aware that amongst my not-very-scientific sample of friends who fear climate change, there are those who  wish to amend their lifestyles to do their bit to limit their CO₂ emissions. One friend of mine will not get into a car at all, let alone own one.

In all the cases I know about, the lifestyle changes pursued conscientiously by these people do not constitute in themselves the belief.  Clearly they have formed a view based upon what they have read and heard to support the case for the prosecution; they have decided for themselves what the science indicates and what action they judge to be right for them to take. To that extent , they have made a personal decision based on their conscience and capacity to act. They see it as a moral issue, but is it a “belief”? As far as I can tell, the acts which people feel driven to take  to change their own lifestyles are rooted in a deep sense of responsibility and conscientious objection. What I am less certain of is whether the act of conscience itself evidences the belief, as intended under the Employment Equality (Religion or Belief) Regulations 2003. Surely acts of conscience are based upon a belief, but are not themselves the belief?

The employment tribunal did find that Mr Nicholson’s belief about climate change amounted to a philosophical belief in terms of the Regulations, so his claim could proceed. The EAT also agreed that the claim should proceed, although it thought the ET had not sufficiently tested the genuineness of Mr Nicholson’s belief, and should have stopped at saying the belief was “capable of being a philosophical belief”.

Apparently, lifestyle choices can be deemed to constitute a philosophical belief if they  are genuinely held, not just an opinion and are coherent, serious and cogent. So that’s all very clear now………

Happy New Year!