Environmental concerns ruled a 'belief'

The Employment Appeal Tribunal (EAT), in the case of Grainger plc and others v Nicholson, has held that an employees asserted belief that 'Mankind is heading towards catastrophic climate change and we are under a moral duty to act to mitigate or avoid this', is capable of being a philosophical belief for the purposes of the Employment Equality (Religion and Belief) Regulations 2003.

The regulations give institutions a legal responsibility to ensure their practices do not disadvantage certain groups based on religion or belief unless the requirement is proportionate in the circumstances and contributes to achieving a legitimate aim.

Philosophical belief

The case suggests that for a philisophical belief (including in this case, philosophical belief on climate change) to afford this protection within the regulations it must: 

• be genuinely held
• be a belief and not an opinion or viewpoint based on the present state of information available
• be a belief as to a weighty and substantial aspect of human life and behaviour
• attain a certain level of cogency, seriousness, cohesion and importance
• be worthy of respect in a democratic society and not incompatible with human dignity and/or conflict with the fundamental rights of others

Political philosophies

The EAT accepted that although support for a political party would not be considered a philosophical belief, belief in political philosophies such as socialism, Marxism, communism or free-market capitalism might qualify. Further to this, the EAT noted that a racist or homophobic political philosophy would not qualify as a philosophical belief as the belief must be 'worthy of respect in a democratic society and not incompatible with human dignity'.

The EAT accepted that a philosophical belief could be based entirely on scientific conclusions. The EAT gave the example of Darwinism, which it said 'must plainly be capable of being a philosophical belief'.

Implications for HEIs

Institutions and their staff and students have a mutual responsibility for accommodating the diversity of religions and beliefs held on campus.

Further details on understanding and accommodating this diversity can be found in the ECU publication Religious observance in higher education: institutional timetabling and work patterns.