Some of the cases I appeared in were treated as important at the time but later they are overtaken by other cases; others were slow burners and take on importance when they are cited in other cases. The case of Grainger plc v Nicholson [2010] ICR 360, [2010] 2 All ER 253 was, however, clearly likely to be of importance at the time, as it was the first case to provide a definitive analysis of what was a philosophical belief that could be protected under the Employment Equality (Religion or Belief) Regulations 2003 (SI 2003/1660).
Originally as enacted, this had protected religions or ‘similar philosophical beliefs’ but this had been amended by s 77(1) of the Equality Act 2006 to remove the word similar. It is now consolidated into the Equality Act 2010 (EqA 2010). I appeared for the employers and came second to Dinah Rose—now also the Head of an Oxford College—who acted for Mr Nicholson.
Mr
