UK employment tribunal finds ethical veganism a protected philosophical belief

An employment tribunal in the UK has said that ethical veganism is a philosophical belief protected under equality law.

This case concerned Jordi Casamitjana, a former employee of the League Against Cruel Sports, an animal welfare organisation. Casamitjana is an ethical vegan, which means he follows a vegan diet and opposes all exploitation of or cruelty to animals. Casamitjana claims that he was dismissed by his employer after he raised concerns about the charity’s pension fund investing in companies linked to animal testing. In particular, Casamitjana emailed his concerns to colleagues and outlined a number of funds which were, in his opinion, ethical. The employer has submitted that this amounted to gross misconduct as financial advice was offered in breach of repeat instructions not to do so.

Casamitjana therefore brought complaints of indirect discrimination, direct discrimination or harassment and victimisation by reference to his belief in ethical veganism. This was a preliminary hearing to determine whether ethical veganism is a protected characteristic under Section 10 of the Equality Act 2010, which protects against discrimination based on “religion or belief”. The test for philosophical belief, as set out in Grainger v Nicholson, is that the belief must be:

1. Genuinely held;
2. A belief and not merely an opinion or viewpoint based on the present state of information available;
3. A belief as to a weighty and substantial aspect of human life and behaviour;
4. Attain a certain level of cogency, seriousness, cohesion and importance; and
5. Be worthy of respect in a democratic society, not be incompatible with human dignity and not in conflict with the fundamental rights of others.

The Norwich Employment Tribunal agreed that this test was satisfied resulting in the case now moving on to the substantive hearing where the legality of the employer’s conduct towards Casamitjana will be determined.

In commentary following this case, analysis has concluded that ethical veganism would not fall under the “religion” ground for the purposes of the Irish Employment Equality Acts.

Click herefor the written submissions of the claimant, pending publication of the judgment.