UK Workplace Protections for Conscientious Objection relating to the Climate Crisis

Claire McCann and Hana Abas were recently instructed by Bindmans LLP, on behalf of “Lawyers Are Responsible”, to advise on the legal protections for individuals working in the legal sector who, due to their strong belief in the climate crisis, engage in one or more of the following actions:

  1. Conscientious Objection: Refusing to work on projects related to fossil fuel extraction in certain situations.

  2. Whistleblowing: Reporting their employer, clients, or others for actions related to the climate crisis.

  3. Protest: Participating in peaceful protests outside of work, even if this might result in criminal penalties.

Claire and Hana’s client, a group called Lawyers Are Responsible (LAR), is working to reduce the legal industry's involvement in fossil fuel projects. LAR encourages law firms to stop advising on fossil fuel projects and, in 2023, over 180 lawyers pledged not to support such projects by signing a Declaration of Conscience.

LAR seeks to educate lawyers about their rights, including the right to refuse to work on fossil fuel projects, to report unethical practices, and to participate in peaceful protests. Lawyers who refuse fossil fuel work may be protected by discrimination and human rights law if their decision to withhold their services is based on a protected belief in connection with the climate crisis. Whistle-blowers who expose actual or potential wrongdoing, including in relation to environmental or other harm, or lawyers attending protests may also be protected from disciplinary action and other detrimental treatment at work.

Claire and Hana were delighted that their Opinion was discussed at the 6th Annual Global Day of Action on 18 November 2024, coordinated by Law Students For Climate Accountability and the Baroness Hale Legal Clinic, at York Law School. To read more, click here.

LAR and Law Students for Climate Accountability have published the Opinion, click here and here to read more.

Previous
Previous

Chris Milsom and Emma Darlow Stearn shortlisted for ‘The Pro Bono Connect Award’ at the LawWorks Pro Bono Awards 2024

Next
Next

Recent Supreme Court judgments with significant implications for employment law