We look at an ongoing case in which an employment tribunal has ruled that veganism can constitute a philosophical belief
The Equality Act 2010 prohibits discrimination in respect of nine protected characteristics, including philosophical beliefs. In employment law cases, claimants have argued that various causes amount to philosophical beliefs for the purposes of seeking protection under the Equality Act.
In 2019, vegetarianism was held by an employment tribunal not to be a philosophical belief. However, a different employment tribunal has now held that veganism can constitute one.
In the case of Casamitjana v. The League Against Cruel Sports, the claimant alleges that he was dismissed because he was an “ethical” vegan.
The League Against Cruel Sports is an animal welfare charity. The claimant believed the company was investing pension funds in organisations that were involved in animal testing.
He informed his employer and his colleagues of his concerns because the investments in such companies offended his vegan beliefs. The employer took no action in respect of his concerns but allegedly dismissed him for gross misconduct as a result.
Mr Casamitjana is pursuing claims of unfair dismissal, direct and indirect discrimination, harassment and victimisation. But in order to bring his discrimination claims he was first required to establish that veganism was a protected characteristic.
The employment tribunal considered the issue and determined his ethical veganism was genuinely held and it satisfied the legal tests required to amount to a philosophical belief. Therefore, his claims proceed.
As veganism increases in popularity, this decision may have wider implications for members. But they would need to demonstrate a similar ethical commitment to veganism in order to avail themselves of the same protection as Mr Casamitjana.
Joanne Galbraith-Marten
RCN Head of Legal (Employment)
