In a previous article published on the Quest website on 25th September 2019 a case was reported that asked whether veganism was a philosophical belief. The outcome of that case has been questioned as there is now a preliminary hearing finding of an employment tribunal in the case of Casamitjana V League Against Cruel Sports (LACS) 2020. This confirms that veganism can be perceived as a ‘philosophical belief.’
In this case, Mr Casamitjana (C), was dismissed by (LACS) on grounds of gross misconduct; however (C) maintained that it was due to his belief in ethical veganism. He maintained that he had alerted his employer to the fact that their pension fund investments included companies which carried out animal testing which was against his belief in veganism. He subsequently brought an unfair dismissal claim against (LACS) for unlawful discrimination because of this belief.
The case is currently ongoing to determine if the dismissal was unfair, but the findings on veganism and philosophical belief re-confirms the views of the Equality and Human Rights Commission that veganism was likely to be protected since ‘a belief need not include faith or worship of a god or gods, but must affect how a person lives their life or perceives the world.’
Ethical Veganism
Ethical veganism would now fall within the definition of a ‘philosophical belief’ if it is worthy of respect in a democratic society, not being incompatible with human dignity and not conflicting with fundamental rights of others but the belief does not need to be shared by others for it to be protected.
The above ruling is not legally binding on any other employment tribunals (ET) at present as the decision has to be ratified by the Employment Appeals Tribunal. However, it is very likely that other ET Judges will follow the same reasoning which means that employers need to be aware of issues surrounding ethical veganism. They need to treat it with the same degree of empathy and understanding as they would treat religious beliefs or issues of race, sexual orientation or disability and proceed to make staff aware in order to avoid inappropriate banter or conduct within the work place environment.
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