Grainger Plc v. Nicholson

Nicholson (plaintiff) filed an action against his former employer Grainger plc (defendant) in the employment tribunal seeking authorization to pursue a claim under the Employment Equality (Religion or Belief) Regulations 2003 (2003 regulations). Nicholson alleged that Grainger terminated his employment because of Nicholson’s philosophical belief in climate change. The 2003 regulations prohibited discrimination on the basis of religious or philosophical beliefs or the lack of religious or philosophical beliefs. The legislative history of the recently amended 2003 regulations stated that philosophical beliefs were similar to religious beliefs. The legislative history identified humanism as an example of a philosophical belief and contrasted that with support for a political party, which was not a philosophical belief. The European Convention on Human Rights (ECHR) prohibited discrimination-based political opinions. Grainger argued that philosophical beliefs must be part of a system of beliefs and not one-offs, and must be philosophies of life and not scientific or political beliefs. Grainger also argued that if the belief in climate change was a philosophical belief, then the disbelief in climate change, manifested by driving environmentally unfriendly cars, also must be a philosophical belief. The employment tribunal authorized Nicholson to pursue his claim, and Grainger appealed.