When the International Panel on Climate Change published its sixth report in August, the UN Secretary General, Antonio Gutierrez, described it as a “code red for humanity”. The Office for National Statistics reported this month that three quarters of adults now worry about climate change, citing anxiety, a sense of helplessness, and concern for family and future generations, and on 25 November Ipsos MORI announced results of a poll which showed climate change is the number one issue of concern amongst the British public.
In the case of Grainger v Nicholson 2010 the belief in manmade climate change and the need to cut carbon emissions to avoid catastrophic climate change was recognised as a philosophical belief capable of protection. This finding could lead to workers claiming discrimination under the Equality Act if, as in Mr Nicholson’s case, they consider they have been singled out for less favourable treatment or dismissal or redundancy because of their concern about climate change. Mr Nicholson said, “I no longer travel by airplane … I encourage others to reduce their carbon emissions and I fear very much for the future of the human race, given the failure to reduce carbon emissions on a global scale.”
How does this affect the workplace? Positive actions in the face of climate change are not only good for the planet but for reducing business overheads and enhancing reputation and staff morale, and the pandemic has produced the perfect template for doing things differently. A climate policy – perhaps arrived at with the input of a committee of workers – could include:
The future holds the risk of increasingly frequent severe weather events. The Health and Safety Executive gives advice in Is it too hot to work? Temperature in the workplace. Employers must keep workplace temperatures at a comfortable level and provide clean and fresh air. Such steps will prevent workers suffering harm and pursuing personal injury claims.
What if floods prevent workers travelling to work or they have to stay at home because their children’s schools are closed? Workplace policies or employment contracts can provide clarity for workers in these circumstances, such as:
What if the workplace is flooded? Every business needs a disaster recovery plan. Will workers be able to work at another location or at home? If neither is possible then there is a contractual duty to pay them.
But there is also an ecological emergency. A United Nations report of 2019 found that one million species worldwide are threatened with extinction, and a World Wildlife Fund report found that the UK is one of the most nature depleted countries on the planet. Businesses must of course comply with environment legislation but they can also:
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
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