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.

Supporting New Parents in the Workplace

Balancing work and family commitments can be difficult for new parents and organisations play a key part in supporting them with this. 

There are many things in place to support parents, such as maternity, paternity and shared parental leave. These do come with a qualifying period, which will be touched on further down. Having these policies in place really allows them to spend quality time at home with their child.

Statutory pay rates are in place for these policies however some organisations have enhanced pay schemes in addition to the statutory rates as an added benefit for parents. This is down to each organisation’s discretion and they can put in place anything they feel is beneficial. This is also a great retention package and will keep employees loyal and committed to returning to work.

Many SMEs can only budget and provide statutory leave, however there is value in rewarding employees who return and really put in above and beyond what is expected. It may be worth introducing a bonus or such like after six months of them being back work. This would really show your employees how much you value them.

It’s so important to keep in touch with those that are taking some form of family friendly leave, congratulate them on the arrival of the baby, inform them of any updates they would need to be aware of, and keeping up to date with when they will be returning to work. Lack of communication with those who are not at work due to family commitments can bring huge risks. You will have hard working, dedicated employees that are excited to come back to work and who may have also learned so many new skills as a parent, if you disregard them it can have a huge impact on the wider business.

New parents may also consider exploring their right to request flexible working to help manage work around their family commitments.  It would be sensible to ensure you have a Flexible Working Policy in place to support employees with this request. Flexible working was cited by 38% of workers as the most desirable policy for supporting parents, and LinkedIn’s Global Talent Trends report found that nearly 9 in 10 UK businesses believe it helps employees achieve better work/life satisfaction. If you are unsure how to get one implemented then get in touch.

"Me Too" - Sexual Harassment at Work

In light of the “Me Too” campaign that has been on-going now for a couple of years, Actress Emma Watson has launched a free legal advice phone line for women who have experienced sexual harassment at work. The line offers legal advice to women in the workplace and helps them to make ‘informed’ choices about the next steps to take if they wish to make an accusation.

Former Harry Potter star Emma Watson is helping to fund the line which is now live and its services are provided by volunteer female employment lawyers and Right of Women legal staff. The aim of this service is to increase understanding of discrimination law for female employees and help them to hold harassers to account. The phone line will run on Mondays from 18:00 to 20:00, and Tuesdays 17:00 to 19:00.

Emma Watson explains that ‘understanding what your rights are, how you can assert them and the choices you have if you’ve experienced harassment is such a vital part of creating safe workplaces for everyone’. She was staggered that such a line didn’t already exist. It will also offer advice on other related legal problems faced by women experiencing sexual harassment in the workplace.

It has recently been found that as many as one in two women have experienced sexual harassment at work and this development sends a clear message to organisations that this issue remains a key area that they must be prepared to combat.

“What do we, as a business need to do then”? I hear you ask. There are some very simple steps you can take to protect yourself from potential claims in the workplace. Ensure that you have a clear policy confirming which forms of behaviour will not be tolerated in the workplace, alongside the consequences for employees if they are found to have committed such actions. You must also ensure that you thoroughly investigate all accusations of sexual harassment when they are brought to your attention and respond to them in a consistent and fair manner.

For help on getting a policy and guidelines in place and if required, investigating these issues, get in touch using the “Get in Touch” button on the website.

UK Heatwave - How to Cope with the Heat Whilst at Work

With temperatures soaring into the 30’s this week it is really important that both employers and employees know how to look after themselves whilst working.

In the UK there is no maximum temperature that a workplace is allowed to be, rather advice from the Health & Safety Executive (HSE) states, “during working hours, the temperature in all workplaces inside buildings shall be reasonable”. What is reasonable depends on the type of work being done (manual, office, etc.) and the type of workplace (kitchen, air conditions office etc.). The HSE offers further guidance on workplace temperatures using the following link; www.hse.gov.uk/temperature/index.htm

Some companies may relax their company dress code during the hot weather as wearing suits or formal clothing can be extremely uncomfortable over the summer months. Having a summer dress code, or informing staff that the normal dress code is relaxed will help staff feel more comfortable in the office. It will however be important to have some rules in place, for example, a summer dress code can require business dress but state males do not have to wear ties.

It is easy for employees to feel less engaged and motivated when the weather is nice outside and they have to work. This can lead to some people taking a day or two off sick in order to make the most of it. Employers can however take some very simple steps to show employees that they are valued and appreciated – these will help motivate them and reduce absenteeism. Things like getting ice lollies/ice cream in, cold drinks or summer snacks. Some businesses also like to give an early finish in order to provide incentives to employees to hit their targets and get work done.

For those workers who predominantly work outside, the Trade Union Congress (TUC) is calling on employers to make sure their staff working outdoors are properly protected from the sun and the heat. Working in hot weather can lead to dehydration, tiredness, muscle cramps, rashes, fainting and in the most severe cases, loss of consciousness. The TUC suggests employers work with their H&S reps and introduce the following measures to protect their staff that work outdoors when the temperatures rise:

1.     Allow staff to take frequent breaks and provide a supply of drinking water

2.     Review working times so that outside work is done in the morning and afternoon, rather than between 11am-3pm when temperatures are highest.

3.     Provide canopies or covering over open areas such as building sites, and provide shaded areas for breaks.

4.     Ensure that outdoor workers are supplied with sunscreen and are given advice on the need to protect themselves from the heat and sun.

5.     Provide lightweight brimmed hats for all outdoor workers and make sure that any protective clothing is lightweight, long sleeved and comfortable, but dense enough to prevent UV rays from getting through.

6.     Provide information on avoiding exposure to harmful UV radiation, ensuring that advice is available in other languages for migrant workers.

Heat can also be a problem for workers whose job involves driving. This is dangerous as any driver suffering from fatigue is a major risk to both themselves and other people. Employers should ensure that any member of staff who drives as part of their job, take regular rest breaks and ideally provide them with air conditioned cars/vans/lorries.

 For more information on how to manage your staff in times of very hot weather, get in touch using ‘Get in Touch’ tab.