Discrimination on the basis of religion or belief
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5.2.2010 Discrimination on the basis of religion or belief is prohibited by the Employment Equality (Religion or Belief) Regulations 2003 (“the Regulations”) The Regulations define “belief” as “any religious or philosophical belief” With no definitive list, the Regulations potentially offer protection to a wide range of beliefs. This was borne out in the recent decision by the Employment Appeal Tribunal (“EAT”) in the case of Grainger Plc v Nicholson. The EAT confirmed that an employee’s belief that carbon emissions must be cut to avoid catastrophic climate change could qualify as a “philosophical belief” The EAT set out the criteria by which a belief may attract legal protection in the workplace. The belief must be : • Genuinely held A Tribunal ought to ascertain whether or not the belief is genuinely held and not accept mere assertions. Following Grainger, businesses would be well advised to review their policies to ensure that their workplace cultures show respect for environmental beliefs They should make themselves aware of, and be sensitive to, the professed beliefs of its workers, since they may qualify for protection, and set clear guidelines for workers in relation to the tolerance of other workers’ protected beliefs.
This bulletin is for general guidance purposes only and should not be used for any other purpose. Please contact a member of the Employment Team at the Manchester office of Brabners Chaffe Street LLP if you require any specific advice in connection with the material contained in this update, or on any other employment law issues.
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