Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Belief discriminationLatest NewsEmployment tribunalsDiscrimination

Tribunal to decide whether ethical veganism is a ‘philosophical belief’

by Ashleigh Webber 1 Jan 2020
by Ashleigh Webber 1 Jan 2020 Animal rights activists take part in a march in Manhattan in 2017.
Shutterstock
Animal rights activists take part in a march in Manhattan in 2017.
Shutterstock

A hearing has begun at an employment tribunal that will decide whether ethical veganism should be protected under discrimination law – the result of which could have major ramifications for organisations. 

Jordi Casamitjana, a vegan activist and animal rights campaigner, will argue that his former employer’s decision to dismiss him amounted to discrimination. He claimed that he lost his job, at animal welfare charity the League Against Cruel Sports, after he informed other employees that its pension fund invested in firms involved in animal testing.

Vegan employees

Companies warned over discrimination against vegans

Were Waitrose Food editor’s ‘killing vegans’ remarks a sackable offence?

At a hearing at the Norwich Employment Tribunal on 2 and 3 January, he will argue that ethical veganism is a philosophical belief and should be protected under the Equality Act 2010. A subsequent hearing in February will consider his employment dispute.

Casamitjana said: “I am an ethical vegan. 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.”

Casamitjana adheres to a 100% vegan diet, participates in animal protection marches and demonstrations and buys only clothes and products he can be sure are free from animal-derived products or tested on animals.

Slater and Gordon employment lawyer Peter Daly, who is representing Casamitjana, said: “Ethical veganism is a philosophical belief held by a significant and growing portion of the population in the UK and around the world. This case, if successful, will establish that the belief entitles ethical vegans protection from discrimination. The case we have prepared sets out how the belief in principle, and how Jordi’s particular interpretations of it, comprehensively meet the required legal test.”

A spokesperson for the Casamitjana’s former employer said: “The League Against Cruel Sports is an inclusive employer and because this is a hearing to decide whether veganism should be a protected status, something which the League does not contest, it would be inappropriate for us to comment further.”

Earlier this year, research by Crossland Employment Solicitors found that 24% of employers showed a lack of understanding of veganism, with many believing it was a lifestyle or dietary choice rather than a genuine belief in animal welfare or the protection of the environment.

The research also considered the experiences of vegan employees in the workplace; 45% believed they had been discriminated against because they were vegans, 96% had to sit on leather furniture at work and 86% had to use soap in workplace toilets that had been tested on animals.

D&I opportunities currently on PT Jobs

More D&I jobs

Ashleigh Webber
Ashleigh Webber

Ashleigh is editor at OHW+ and part of the Personnel Today editorial team. Prior to joining Personnel Today in 2018, she covered the road transport sector for Commercial Motor and Motor Transport.

previous post
Over-65s to account for more than half of UK employment growth
next post
How Police Scotland transformed its pay and reward structure

1 comment

Avatar
Devan Maistry 2 Jan 2020 - 11:42 am

The Court of Appeal in England suggests that establishing a philosophical belief may be pointless.

In Maistry v BBC a belief in BBC Values was found to be a philosophical belief (EJ Pauline Hughes 29 March 2011, Birmingham 1313142/2010). However, Lord Justice Underhill in finally disposing of the matter (Maistry v BBC [2014] EWCA Civ 1116 (9 July 2014) found that for discrimination to be possible the alleged discriminator must be aware that such a belief is held by the claimant as a philosophical belief.Here is the crucial passage from the judgment.

“13. The Applicant’s essential answer, as I have said, is that it was impossible that the individuals in question could have been unaware of his belief in BBC values given that they are pervasive in the BBC, and perhaps also because he had, in the case of the disputes which gave rise to the acts of complaint or acts complained of, referred to those values, as the Tribunal acknowledged in the passage that I have read. But I am afraid to say that I do not believe that it is arguable that a generalised assumption that senior management employees will subscribe to BBC values can be equated with the knowledge that a particular employee has a philosophical belief in those values. That is not the same thing. The fact that to the applicant those values constituted a belief with similar status and cogency to a religious belief does not mean that will be so in every case. To others it might indeed be no more than their employer’s mission statement about the values that they were expected to observe at work.”

If the Court of Appeal reasoning in Maistry v BBC is followed Mr Casamitjana must prove his employers knew he held a philosophical belief in veganism at the time of his dismissal. This is impossible as such a belief can only be established under cross-examination by a tribunal . The Underhill decision appears to be a deeply cynical application of the law. Hopefully the vegan case will provide some clarity.

Reply

Leave a Comment Cancel Reply

Save my name, email, and website in this browser for the next time I comment.

You may also like

School discriminated against Christian caretaker who tweeted against...

3 May 2022

Philosophical belief: barrister’s tribunal claim against Stonewall begins

26 Apr 2022

EAT hears David Mackereth’s appeal against trans pronouns...

29 Mar 2022

EAT hears appeal of Christian sacked for LGBT...

28 Feb 2022

Doctor who lost job over transgender pronoun views...

14 Feb 2022

Can you reduce contractual sick pay for unvaccinated...

20 Jan 2022

Technicality sees European court reject ‘gay cake’ appeal

6 Jan 2022

Worker who refused to go to work because...

4 Jan 2022

Gender-critical beliefs: Implications of EAT’s Forstater decision

23 Jun 2021

Woman’s transgender views a philosophical belief, EAT rules

10 Jun 2021
  • What it really means to be mentally fit PROMOTED | What is mental fitness...Read more
  • How music can help to ease anxiety at work PROMOTED | A lot has happened since March 2020, hasn’t it?...Read more
  • Why now is the time to plug the unhealthy gap PROMOTED | We’ve all heard the term ‘health is wealth’...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2022

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2022 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+