From: Subject: Solicitors Journal - Surveyor wins "philosophical belief" battle Date: Wed, 4 Nov 2009 15:13:43 -0000 MIME-Version: 1.0 Content-Type: multipart/related; type="text/html"; boundary="----=_NextPart_000_00E7_01CA5D61.65DC0790" X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.5579 This is a multi-part message in MIME format. ------=_NextPart_000_00E7_01CA5D61.65DC0790 Content-Type: text/html; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable Content-Location: http://www.solicitorsjournal.com/story.asp?sectioncode=2&storycode=15147&c=1&eclipse_action=getsession&eclipse_action=getsession&eclipse_action=getsession Solicitors Journal - = Surveyor wins "philosophical belief" battle
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Surveyor wins "philosophical belief" battle

3 November 2009

Workers with strong views about the environment, and who live = according to=20 them, may be entitled to the same protection against discrimination as = those=20 with religious beliefs, the EAT ruled this morning.

Tim Nicholson, an Oxford surveyor, was described by an employment = tribunal=20 this summer as having =93settled views about climate change=94 and = acting on those=20 views in the way he led his life.

He was dismissed from his post as head of sustainability at property=20 investment company Grainger plc last year.

The company claimed he had been made redundant for operational = reasons at a=20 time of =93extraordinary market turbulence=94.

Nicholson claimed he was unfairly dismissed because of his beliefs, = which=20 amounted to philosophical beliefs under the Employment Equality = (Religion and=20 Belief) Regulations 2003.

Giving judgment at the EAT, Mr Justice Burton ruled that = Nicholson=92s belief=20 was capable of being covered by the regulations if it was =93of a = similar cogency=20 or status to a religious belief.=94

He said that philosophical beliefs based on science should not be=20 disqualified from protection and suggested that beliefs in the political = philosophies of socialism, Marxism, communism or free-market capitalism = might=20 also qualify.

Nicholson=92s solicitor, Shah Qureshi, head of employment at = Bindmans, argued=20 that environmental beliefs could be the equivalent of religious beliefs, = depending on how people lived their lives.

He went on: =93The mere fact that a belief in climate change can also = be a=20 political view about science or the world does not detract from the fact = that it=20 can also be a deeply held philosophical belief.

=93Otherwise, the end result would be that the more evidence there is = to=20 support your views, the less likely it would be for you to enjoy = protection=20 against discrimination.

=93Tim Nicholson believes his views are sufficiently cogent, serious = and=20 important to receive protection under the regulations. Vast numbers of = people=20 are now living their lives in accordance with their views on climate = change and=20 the environment.

=93These are often deeply held views based on the premise that = without change=20 humanity will suffer. Tim Nicholson believes that people should be able = to=20 express such views without fear of retribution or discrimination.=94

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