In a first instance decision last week, employment tribunal judge Robin Postle held that Jordi Casamitjana’s ethical veganism amounted to a ‘philosophical belief’ under the Equality Act 2010, one of nine characteristics protected from discrimination.
The tribunal, in Norwich, will now consider Casamitjana’s dismissal from the League Against Cruel Sports. The League did not contest the point of whether veganism is a philosophical belief, and argues that the claimant was dismissed for gross misconduct.
Sarah Chilton, partner at CM Murray, said: ‘It’s really important to note that this case was specifically about the claimant’s own personal beliefs―it is not a general finding about whether ethical veganism is or should be protected under the Equality Act 2010.
‘Every case will be looked at carefully, on its own facts.’ She said the relevant factors are: ‘The belief must be genuinely held; that it must be a belief―an opinion or a viewpoint will not be enough; that it must be a belief as to a weighty and substantial aspect of human life; that it must attain a certain level of cogency, seriousness, cohesion and importance; and that it must be worthy of respect in a democratic society and not be incompatible with human dignity and/or not conflict with the fundamental rights of others.’
Hina Belitz, employment lawyer at Excello Law, said it was ‘precisely because of the extensive nature of ethical veganism as a system of thought that the tribunal came to this view’.
She said she has ‘successfully settled a number of cases based on the beliefs people hold including a case in which we alleged feminism was a philosophical belief that led to the woman in question (who was a visible proponent of her beliefs) to be placed on a performance improvement plan, so this is definitely an area to watch’.
Nick Hobden, partner at Thomson Snell & Passmore said it should be noted the case ‘is not legally binding but instead provides guidance for future judgments’. However, he suggested employers rethink the food options in their work canteen.
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