Environmentalist to take Grainger plc to tribunal over unfair dismissal

Nov 4 2009 The Journal

AN environmentalist has won his fight to take his former Newcastle-based employer to tribunal on the grounds he was dismissed for his green views.

Tim Nicholson’s successful defence of his right to challenge Grainger plc over his treatment could “open the floodgates” for other claimants, legal expert Peter Mooney said.

Mr Nicholson, 42, from Oxford, claims his opinions led to his unfair dismissal from Grainger, the UK’s biggest residential landlord.

In March employment judge David Neath gave him permission to take the firm to tribunal over his treatment but Grainger challenged the decision.

Yesterday appeal judge Michael Burton found in Mr Nicholson’s favour and dismissed the North East-based firm’s arguments that his views were not the same as religious or philosophical beliefs.

The judge said: “If a person can establish that he holds a philosophical belief which is based on science as opposed, for example, to religion, then there is no reason to disqualify it from protection.”

Mr Nicholson said his views were becoming “more and more relevant” to the planet’s future.

“I am grateful that Mr Justice Burton understood that deeply and genuinely held views about catastrophic climate change and the need to change our ways to protect the human race are philosophical views that are worthy of protection,” he said.

Legal expert Mr Mooney, who is head of consultancy at Employment Law Advisory Services, said: “The ramifications of Tim Nicholson winning this test case are massive. In essence victory will put employees who hold strong environmental beliefs in the same category – and with the same protection – as workers who hold strong religious beliefs.