Employment Appeal Tribunal GRAINGER-EAT-2009 Primary Settled

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

[2009] UKEAT/0219/09/ZT 2009 England & Wales

What This Authority Covers

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.

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.

Key Provisions

holding-1 Framework
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) Framework
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.

Current Status & Context

Decided under the Employment Equality (Religion or Belief) Regulations 2003, but the five-part 'Grainger criteria' test was carried forward into EA2010 s.10 case law. Applied in Forstater to determine that gender-critical beliefs qualify as a protected philosophical belief.