Grainger plc & Others v Nicholson [2009] UKEAT/0219/09/ZT

In brief

THE EMPLOYER LOST: the EAT dismissed Grainger plc's appeal and upheld the tribunal — "For these reasons I dismiss Mr Bowers' appeal, and uphold the decision of the Employment Tribunal". Nicholson's belief in anthropogenic climate change was therefore capable of protection, and the five limitations set out in the judgment became the Grainger criteria. Mr Justice Burton established the five-part test ('Grainger criteria') for determining whether a philosophical belief qualifies for protection under anti-discrimination law: (1) genuinely held, (2) not merely an opinion based on present information, (3) relates to a weighty and substantial aspect of human life, (4) attains a certain level of cogency, seriousness, cohesion and importance, (5) worthy of respect in a democratic society, compatible with human dignity, and not in conflict with fundamental rights of others.

Key provisions

• holding-1 — Five-part Grainger criteria for philosophical belief protection: Established the five-part test for philosophical belief protection: (1) genuinely held, (2) not merely an opinion, (3) relates to a weighty aspect of human life, (4) cogent, serious, cohesive, and important, (5) worthy of respect in a democratic society.
• Criterion (v) — belief must be worthy of respect in a democratic society: The fifth Grainger criterion: a belief must be worthy of respect in a democratic society, compatible with human dignity, and not in conflict with the fundamental rights of others.

When relevant

Understanding the threshold for belief protection under EA2010 s.10. The Grainger criteria underpin the Forstater judgment and any claim that a belief about sex/gender qualifies for workplace protection.