An employment tribunal is to question whether veganism should be recognised as a protected philosophical belief under the Equality Act 2010.
The claimant worked as head of policy and research for the League Against Cruel Sports. He argues that he was dismissed after raising concerns that his employer’s pension fund was investing in businesses that tested on animals. His employer contests this, arguing that he was dismissed for gross misconduct for failing to follow express management instructions.
As part of this case, the employment tribunal will decide whether veganism is a protected philosophical belief. If it is found to be, then the case will proceed to a full hearing as a discrimination claim.
Writing in Lexology, Katie Spearman, solicitor at Brodies LLP, commented: “If ethical veganism is given protected status, it will be significant for the steadily increasing vegan population in the UK (estimated figures currently stand at 600,000) and their employers.
“Employers will have to carefully consider whether their current policies and practices are suitable for employees with ethical vegan beliefs and make any necessary adjustments to ensure they are not discriminatory.”
Although the Equality Act does not define precisely what a philosophical belief is and which specific beliefs are protected, through the development of case law there are certain criteria that must be met in order for any belief to fall within the Act.
In this case, the claimant is arguing that he is protected against discrimination as an ‘ethical vegan’, and that his beliefs affect all aspects of his life, not just his diet.
The case is expected to be heard in March 2019.
