It has been ruled by an Employment Tribunal in the case of Casamitjana Costa v The League Against Cruel Sports that under the Equality Act 2010 ethical veganism could amount to a philosophical belief.
Pension Fund
The applicant worked for the League Against Cruel Sports a charity which campaigned for the welfare of animals. He investigated the company’s pension fund, and he believed the pension fund was unethically investing the funds. The applicant argued that investments were made in companies which harmed animals. He asked the employer to act so that his pension fund could be invested in an alternate fund that was more in line with his ethical veganism. The applicant made his fellow employees aware of the pension fund issue by sending them emails saying his opinion on the matter. The employer repeatedly warned the employee about giving financial advice which might affect other employees’ financial decisions. They after dismissed him for gross misconduct due to his emails and a failure to follow an expression instruct not to give financial advice.
The employee bought proceedings in the Employment Tribunal. His claim was that he was dismissed due his conviction for ethical veganism. He argued direct and indirect discrimination and victimisation. The employee argued his belief in ethical veganism went beyond a dietary choice.
The Employment Tribunal found in the employee’s favour. The judge directed that ethical veganism is capable of being a philosophical belief and a protected characteristic protected under the Equality Act 2010.
Employers should now consider an employee’s belief based on ethical veganism. Actions can be taken such as supplying vegan food on the food menus for inhouse canteens and to check potential staff bullying. Vegan beliefs should now be respected in the workplace.
This article is for guidance only. Should you have a specific employment law enquiry please contact the Quest employment advice line on 01455 852028.
