Global warming views ‘are philosophical belief’ for UK law - November 04, 2009
A man who claims he was sacked because of his views on climate change has been told he can take his former employers to an industrial tribunal.
A judge ruled that Tim Nicholson could pursue his claim against Granger under the Employment Equality (Religion and Belief) Regulations 2003, which apply to “any religion, religious belief, or philosophical belief” (BBC).
Nicholson, formerly head of sustainability, was made redundant by Granger in 2008.
The company had challenged a March ruling allowing a claim under the 2003 regulations, on the basis that views on climate change were not religious or philosophical. John Bowers, representing Grainger, has claimed that climate change opinions should not be protected because it is “a scientific view rather than a philosophical one” and “philosophy deals with matters that are not capable of scientific proof” (Daily Telegraph). Granger also says letting Nicholson go was a normal redundancy.
However, a judge has ruled the claim can go ahead.
“A belief in man-made climate change, and the alleged resulting moral imperatives, is capable if genuinely held, of being a philosophical belief for the purpose of the 2003 Religion and Belief Regulations,” ruled Justice Michael Burton (Guardian, Independent). “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”
The Register thinks the ruling could mean that those who don’t believe in climate change are also protected under the legislation. But wouldn’t that mean they would have to prove their philosophical belief was based on science?
Although Nicholson was at pains to point out that “mine is not a faith-based or spiritual-based belief: it is grounded in the overwhelming scientific evidence” some are still worried this could be used by those who claim “global warming is a religion”.
“But whatever the outcome of this intriguing case, it seems unlikely it will act to quell this particular war of faith,” writes Leo Hickman in the Guardian. “If anything, the final ruling will only act to further fan the flames.”
In the Daily Telegraph James Delingpole is already preparing to sue his employer for not respecting his belief in Delingpolism, which states that “anyone who proselytises on behalf of AGW, carbon capture, Cap & Trade or wind farms without being able to demonstrate with at least 95% certainty that their cause has any scientific foundation whatsoever, must be exiled immediately to the Arctic Circle”.
Basically, the can is open now, and the worms are going to get everywhere…
Comments
Darwinism can also be regarded as a philosophical belief according to the judgment from Burton J,
"Darwinism must plainly be capable of being a philosophical belief, albeit that it may be based entirely on scientific conclusions (not all of which may be uncontroversial)."
A copy of the judgment can be obtained as a word document from an employment law blog, Grainger v Nicholson.
My tuppence worth ... a lot of people - the vast majority - view science as a philosophical belief.
I could go on but I'm not sure whether or not you'll censor me.
Posted by: gyges | November 5, 2009 08:47 PM