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Veganism explained

An increasing number of people are adopting the ‘vegan’ lifestyle choice whether it is for health, religious or personal beliefs with an estimated 600,000 vegans in the UK in 2019. The Vegan Society defines veganism as:

‘A philosophy and way of living which seeks to exclude — as far as is possible and practicable — all forms of exploitation of, and cruelty to, animals for food, clothing or any other purpose; and by extension, promotes the development and use of animal-free alternatives for the benefit of humans, animals and the environment. In dietary terms, it denotes the practice of dispensing with all products derived wholly or partly from animals.’

The facts

Jordi Casamitjana (“Mr Casamitjana”), issued a claim against his ex-employer the League Against Cruel Sports alleging that he was dismissed from his employment because of his belief and is quoted saying:

“I am an ethical vegan,” Casamitjana said. “This involves much more than just not eating food with animal ingredients, it’s a philosophy and a belief system which encompasses most aspects of my life.”

The League Against Cruel Sports defended the claim on the grounds that Mr Casamitjana was sacked because of gross misconduct; specifically his failure to follow express instructions from management which was unrelated to his specific belief system. They also responded in the first instance that veganism is not a protected characteristic under the Equality Act 2010 and the only reason Mr Casamitjana had issued a claim for unfair dismissal connected to his belief in ethical veganism was because  he did not have two complete years service to permit him to bring an ordinary unfair dismissal complaint.

Important and worthy

The Employment Tribunal listed Mr Casamitjana’s case for a preliminary hearing to determine whether or not veganism is in fact a philosophical belief protected by law.  Judge Robin Postle sitting at Norwich Employment Tribunal ruled ethical veganism does satisfy the test required he said it was "important" and "worthy" of respect in a democratic society. The case will now proceed to a full trial, the first of its kind.

The law

Under the Equality Act 2010, religion or philosophical belief is one of nine protected characteristics, under which an individual is protected from unfair treatment. The remaining grounds are:

• Age
• Disability
• Gender reassignment
• Marriage & Civil Partnership
• Pregnancy & Maternity
• Race
• Sex
• Sexual orientation

Veganism has been held to be a qualifying philosophical belief as Mr Casamitjana was successful in demonstrating that his belief is:  

• genuine;
• one as to a weighty and substantial aspect of human life and behaviour;
• attains a certain level of cogency, seriousness, cohesion and importance;
• worthy of respect in a democratic society, not be incompatible with human dignity and not conflict with fundamental rights of others and;
• not an opinion or view point based on the present state of information available

Discriminatory treatment

Employers should not discriminate directly by treating an employee less favourably than another because of their religion or philosophical belief.

Caution for employers

Irrespective of whether an individual’s belief is a protected characteristic in law, this case is a timely reminder that all employees and workers should be treated fairly to avoid not only potential claims under the Equality Act, but also possible claims for constructive unfair dismissal.

Contact our employment lawyers today 

For advice on how to deal with employment issues related to protected characteristics, please contact a member of our employment team on 020 8363 4444 or by completing our online contact form.

This briefing has been prepared only for guidance purposes.