The Norwich Employment Tribunal has found that ethical veganism is a philosophical belief capable of protection under the Equality Act 2010. As such, ethical vegans are now likely to be protected against discrimination because of their belief.
Jordi Casamitjana was dismissed by the League Against Cruel Sports (LACS) after disclosing to colleagues that the charity was investing pension funds in firms who are involved in animal testing. Mr Casamitjana claims he was dismissed as a result of his ethical veganism, which amounted to an act of discrimination. LACS deny this and assert that Mr Casamitjana committed gross misconduct and was fairly dismissed.
As a preliminary issue, the Tribunal needed to determine whether ethical veganism was a philosophical belied capable of protection. Applying the leading authority of Grainger Plc & Others v Mr T Nicholson, the Tribunal found that it was capable of protection given that ethical veganism:
- was a belief genuinely held by Mr Casamitjana;
- is an actual belief and not just an opinion or viewpoint;
- is a belief as to a weighty and substantial aspect of human life and behaviour;
- is worthy of attaining a certain level of cogency, seriousness, cohesion and importance;
- is worthy of respect in a democratic society, not incompatible with human dignity and not conflicting with the fundamental rights of others; and
- has a similar status or cogency to a religious belief.
The Tribunal also considered that the belief need not be shared by others and it can be based on scientific reasons. Having determined that preliminary issue, the Tribunal will now go on to consider whether Mr Casamitiana was unfairly dismissed and/or discriminated because of ethical veganism.
Nick Benton comments:
“Given this is a ‘first instance’ decision, it is not binding on subsequent employment tribunals. Furthermore, as the issue was not contested by LACS, it is unlikely it will be appealed to the Employment Appeal Tribunal, which would then give a binding authority. That said, the case is likely to be persuasive authority that ethical vegans like Mr Casamitiana are protected against discrimination. Employers should therefore consider carefully any staff members asserting discrimination because of their ethical veganism.”
If you would like to discuss the implications of this case further then contact a member of the team.
