“Be seen to be green to avoid belief claims” (Law, 7 February), by Guy Guinan, stated companies could face claims for religious discrimination for not having an environmental policy. But the loss of the word “similar” in the regulations in no way allows for such claims as there is no “criterion, provision or practice” with which any individual or group is disadvantaged, since the lack of a policy or waste recycling facility does not present a barrier to them following their own philosophy.

In fact, when the Equality Act was being brought in, Baroness Scotland dismissed “similar” as an irrelevant word which added nothing to the meaning of the regulations. Equally there is no single set of defined “beliefs” attributed to the green movement. The regulations are not concerned at all with employees’ “lifestyles”, yet this word is used throughout the article as though lifestyle is a core precept of the regulations.

Richard Barnes, employment law adviser, Barnes Associates

Guy Guinan, partner in the employment team at law firm Halliwells, replies:

As far as I am aware the change of wording to the regulations has yet to be considered by an employment tribunal or other court. There is the possibility that it will be widely construed as providing protection to those who are discriminated against because of their “belief”, whether it is similar or not to any religious belief. As we know, in recent years the courts and tribunals have been more than willing to apply a liberal interpretation when it comes to discrimination.

It is correct that a company would not be at risk of a claim simply by not having a green policy. Similarly, it would not be at risk of claims for not having a policy on equal opportunities. But we would advise companies to create one as it helps protect against the commission of future acts that may infringe upon an employee’s beliefs and give grounds for a potential claim. When introduced, the concept of equal pay for equal work and the eradication of sex discrimination at work was ridiculed. However, these are now readily accepted. As green issues become more important on the political agenda the law will adapt and protect those who suffer a detriment.