Veganuary – is being a vegan protected by employment law?

An employment tribunal has ruled that ethical veganism amounts to a philosophical belief and so is protected by law, in particular discrimination legislation.

The ruling followed a claim brought by Jordi Casamitjana, who claimed he was unfairly sacked by his former employer League Against Cruel Sports (LACS), due to his ethical veganism. Mr Casamitjana alleged that he was sacked after disclosing to his colleagues that LACS’s pension fund invested in companies involved in animal testing. LACS argued that he was dismissed due to his gross misconduct.

“Religion or belief” is one of the nine protected characteristics covered by the Equality Act 2010. Judge Robin Postle ruled that ethical veganism was a protected characteristic, specifically a philosophical belief as it satisfied several tests for it to amount to a protected belief, including that it was worthy of respect in a democratic society, not incompatible with human dignity and did not conflict with the fundamental rights of others. The judge ruled that ethical veganism should receive similar legal protections to religious beliefs in the workplace.

Although the case has been described as a “landmark ruling” with having “potentially significant effects on employment and the workplace”, it does not impact the law. This is because a judgement from an employment tribunal of the first instance is not a legally binding precedent and so does not have to be followed. Nevertheless, the judgement gives employers guidance on the protection and support ethical vegans should receive in the workplace. Employers may wish to consider the services they provide to their employees and the products that they use, for example furniture choices and offering vegan options for food.

The judgment is in relation to the first of a two-part employment tribunal. The tribunal is yet to consider the lawfulness of Mr Casamitjana’s treatment by his former employer and whether he was treated less favourably due to this beliefs.

If you require legal assistance in relation to your rights in the workplace, or have reason to believe that you are being unfairly treated due to your beliefs, then please do not hesitate to contact our Employment Department who will be happy to assist on 01908 660966 / 01604 828282 or by email at employment@franklins-solsc.co.uk.