Ethical Veganism
A recent Employment Tribunal Case (Casamitjana v League Against Cruel Sports), has ruled that ethical veganism is a philosophical belief and one that should be granted protection under the Equality Act 2010.
Under the Equality Act 2010, employees are able to bring claims if they are subjected to forms of discrimination because of a ‘philosophical belief’. In one case, the Employment Appeal Tribunal provided guidance on what could constitute as a ‘philosophical belief’. Amongst other criteria, they outlined what the belief needs to be genuinely held, relate to a weighty and substantial aspect of human life and behaviour and attain a certain level of cogency, seriousness, cohesion and importance.
The individual in this case worked at a charity that specialised in standing against forms of animal cruelty. For years, he had identified as an ethical vegan, which is understood to be a form of veganism that goes further than removing all animal based products from one’s diet; it is a rejection of any and all practices that relate to animal exploitation.
Specifically, his core beliefs included the following:
consuming no animal products such as fish, milk, eggs and honey, or any food remotely associated with animals – e.g., he would not eat fig leaves due to uncertainty over whether wasp larvae is still inside the ripened fig
wearing no clothes that contain animal products, including wool, leather and feathers
using no cosmetics or household products that contain animal ingredients
offering no support to any company or organisation that directly contributes to the exploitation of animals
avoiding being in vehicles due to the potential for insects to be killed on windscreens.
He raised concerns that part of the pension fund the charity was enrolling employees onto was investing in organisations who tested on animals. After being dismissed, he claimed that this dismissal was unfair. He also asserted that it was because of his ethical veganism, arguing this should be considered a philosophical belief.
The employment tribunal agreed that ethical veganism should be considered a philosophical belief and therefore be granted legal protections under the Equality Act 2010. This was because the individual’s beliefs in ethical veganism met the tests required to be considered a philosophical belief. The individual is now entitled to raise a claim of discrimination.
Despite the outcome of this case being in favour of the individual and ethical veganism, this does not mean that all vegans are now considered as having a philosophical belief. This ruling applies to ethical veganism and, particularly, the core beliefs of this individual in question. There are many different forms of veganism and varied reasons why people may choose to become vegan. Additionally, this a first instance decision and later claims may serve to overturn the current understandings on vegan employees.
However, recent statistics have shown that there are currently 3.5 million vegans in the UK so it is worthwhile organisations considering if they could do more to support vegans in their company. Some organisations already do this by ensuring there are vegan options available in staff canteens, at business lunches or trips away that include food. These are relatively small changes that can support those individuals at work.
Support and Guidance for employers provided by the Vegan Society
Following this case, the Vegan Society has provided employers with some guidance around how to support vegans at work. This covers not only the food aspects but also more general areas of the working day. In general, it calls for a respectful and inclusive environment to be within the company culture, ensuring that organisations should take steps to ensure that unnecessary jokes do not occur.
The main area around food and food related equipment highlights that food preparation areas of kitchens could be separated into vegan and non-vegan divisions, with colour coded equipment. This already takes place in kitchens with colour-coded equipment for meat, fish, vegetables etc. It also suggests that a designated vegan food storage area could be provided.
There are other areas that the guidance provides around other less obvious work related activities such as corporate events and team building exercises that involve horse racing or other animals. It states that the company should not require the attendance of vegans. Work uniforms should also be reviewed, allowing vegans to wear synthetic safety boots, for example, and non-leather mobile phone cases could be considered.
It is important however to remind ourselves that the employment tribunals ruling only concerned ‘ethical vegans’ and so not all vegans are protected. Ethical vegans are those who go further than choosing not to eat meat products.
There is no legal requirement for organisations to change any of their practices to ensure they are in line with ethical veganism. However, organisations who choose to provide support to vegans may want to review certain areas of work and the workplace as best practice.
For further support and guidance, get in touch using the contact details section on the website.