Green beliefs given same status as religion
Updated on 03 November 2009
Environmentalism gets the same legal status as religion after a landmark ruling gave an Oxford man the right to sue his employer over his green views.
Tim Nicholson claims he was dismissed by property firm Grainger plc for his green views.
Mr Nicholson claimed bosses ignored his opinions on global warming, which he said were fundamental to the way he lived his life.
The judge agreed, declaring that a belief in man-made climate change was capable of being a philosophical belief.
The judge said: "If a person can establish that he holds a philosophical belief which is based on science as opposed, for example, to religion, then there is no reason to disqualify it from protection."
Mr Nicholson said his views were becoming "more and more relevant" to the planet's future.
He said: "I am grateful that Mr Justice Burton understood that deeply and genuinely held views about catastrophic climate change and the need to change our ways to protect the human race are philosophical views that are worthy of protection. Such views are more and more relevant to our planet's survival."
Legal expert Mr Mooney, who is head of consultancy at Employment Law Advisory Services, said: "The ramifications of Tim Nicholson winning this test case are massive. In essence victory will put employees who hold strong environmental beliefs in the same category - and with the same protection - as workers who hold strong religious beliefs.
"Consequently he could be in line for unlimited damages. This would open the floodgates for others who believe their employers have victimised them simply because of their views on the environment and how business deals with pressing environmental issues such as climate change and reducing our carbon emissions.
"The government would then be forced to re-look at employment legislation and close the legal loopholes to prevent such a potentially disastrous situation happening.
"This will be an extremely interesting case to follow."
Mr Nicholson claims his beliefs affect his whole life. He no longer travels in aeroplanes, has renovated his home to be more eco-friendly and says he fears for the future of the human race.
He accused Grainger's chief executive Rupert Dickinson of showing "contempt" for his concerns and claimed he once flew a member of staff to Ireland to deliver his Blackberry which he had left in London.
Mr Nicholson's solicitor Shah Qureshi said: "The mere fact that a belief in climate change can also be a political view about science or the world does not detract from the fact that it can also be a deeply held philosophical belief.
"Otherwise, the end result would be that the more evidence there is to support your views, the less likely it would be for you to enjoy protection against discrimination."
Mr Nicholson was selected for redundancy from Grainger and stopped working for the firm as head of sustainability in July last year.
Grainger corporate affairs director Dave Butler said: "Grainger notes today's decision by Mr Justice Burton that this case will now be allowed to progress to a full tribunal hearing, where the merits of Mr Nicholson's claim will be considered.
"This decision merely confirms that views on the importance of environmental protection are capable of amounting to a philosophical belief.
"Grainger absolutely maintains, as it has done from the very outset of these proceedings, that Mr Nicholson's redundancy was driven solely by the operational needs of the company during a period of extraordinary market turbulence, which also required other structural changes to be made within the company.
"Grainger rejects outright any suggestion that there was any other motivation relating to Mr Nicholson's beliefs or otherwise.
"Grainger has a long-held commitment to acting as a responsible landlord, employer and member of the business community.
"We are looking forward to addressing the issues at tribunal level and demonstrating that there was no causal link between Mr Nicholson's beliefs and his redundancy."
