It can be very difficult for staff to work together if they have radically different values. A recent legal decision by Justice Burton has placed a new burden on employers by apparently making them responsible for respecting the ecological views of their workers. If employers wish to avoid an accident at work they may now have to ensure that they do not discriminate against people with passionate green convictions.
As reported in The Independent and elsewhere, the innovative judgement is based on an interpretation of the Employment Equality (Religion and Belief) Regulations of 2003. Justice Burton has maintained: “If a person can establish that he holds a philosophical belief which is based on science…then there is no reason to disqualify it from protection.” Hence a fear of catastrophic climate change can be treated with the same respect accorded to a sincerely held religious faith. This may lead to more compensation claims against employers who do not observe the rights of environmentalists.
This issue came to prominence because Tim Nicholson felt that his rights as an employee had been contravened by the actions of his former employer. Mr Nicholson took his case to an employment tribunal and this paved the way for the new ruling. The consequences of this are as yet unclear; defining ‘science’ and ‘belief’ may prove complex in practice.
Many modern corporations are committed to the principle of sustainable development, but for those firms which are not, the ruling may be particularly problematic. They may be obliged to treat an employee with what they perceive as ‘awkward views’ with greater caution than was previously the case.
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