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Ethical Veganism is a Protected Characteristic

Employment in Focus

Earlier this month, an employment tribunal ruled that ethical veganism is a non-religious philosophical belief that should be protected under the Equality Act 2010. For a belief to be protected under the Act, it must meet several tests including being worthy of respect in a democratic society, being compatible with human dignity, and not conflicting with the rights of others.

The case concerned a charity worker, Jordi Casamitjana, who claimed he was unfairly dismissed because of his philosophical belief in ethical veganism. An ethical vegan is defined as someone who not only follows a vegan diet but also opposes the use of animals for other purposes. Casamitjana is taking his former employer, the League Against Cruel Sports, to an employment tribunal following his dismissal.

Having established that veganism is a philosophical belief, the case will now be taken to a second, full hearing to establish the reasons for Casamitjana’s dismissal. Casamitjana says he was dismissed by the League Against Cruel Sports after raising concerns that its pension fund was being invested in companies involved in animal testing, whereas the charity maintains he was sacked for gross misconduct.

As this is a first instance decision and may yet be appealed, it is not enough to have a binding effect on other tribunals and each subsequent case will depend on its own facts. However, in light of this ruling, employers may wish to review how they support ethical vegans in their business and consider if any changes are required.

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