Victory for vegans as judge rules it’s a protected belief
PEOPLE who identify as ethical vegans are protected in law after an employment tribunal ruled it was a philosophical belief.
Jordi Casamitjana claimed that he was sacked by the League Against Cruel Sports after raising concerns its pension fund was being invested in companies involved in animal testing.
He said he was unfairly disciplined for telling colleagues and the decision to dismiss him was because of his philosophical belief in ethical veganism.
During a tribunal in Norwich yesterday, judge Robin Postle ruled that ethical veganism satisfies the tests required for it to be a philosophical belief and protected by the Equality Act.
Respect
Experts said the landmark ruling could have significant ramifications for companies employing vegan staff, as any abuse directed at them could be seen as harassment in the same way as racist, religious or sexists slurs might prompt legal action for discrimination.
Mr Casamitjana’s solicitor Peter Daly said: “This is a very significant judgment. It recognises for the first time ethical veganism can form protective characteristics under the Equality Act, therefore ethical veganism can be protected from discrimination.”
Judge Postle also ruled Mr Casamitjana, 55, who lives in London, adheres to the belief of ethical veganism.
For a belief to be protected under the Act it must meet a series of tests including being worthy of respect in a democratic society, not being incompatible with human dignity and not conflicting with fundamental rights of others.
The ruling means ethical vegans are entitled to protection from discrimination.
Dietary vegans and ethical vegans both eat a plant-based diet, but ethical vegans also try to exclude all forms of animal exploitation including not wearing clothing made from wool or leather and not using products tested on animals.
In his ruling Judge Postle said that ethical veganism was important
and worthy of respect in a democratic society. He said: “I am satisfied overwhelmingly that ethical veganism does constitute a philosophical belief.”
Mr Casamitjana said: “I am extremely happy. I didn’t expect a judgment today.
“This is a very important ruling for vegans everywhere in the world. That will inspire other vegans in other countries that don’t have that protection to develop cases that will lead to that protection.”
The tribunal will now determine
whether the League Against Cruel Sports treated Mr Casamitjana less favourably because of his belief in ethical veganism.
The animal welfare charity said it had sacked Mr Casamitjana for gross misconduct and that linking the decision to his veganism was “factually wrong”.
The ruling came a day after fast food chain Greggs launched what it described as a vegan steak bake containing a mixture of Quorn meat substitute, onions and gravy, exactly a year after a vegan sausage roll
appeared on its menu. Melanie Morton, an associate and employment law specialist at law firm Nelsons, said: “In this latest landmark legal hearing, the judge ruled that ethical veganism qualifies as a philosophical belief after satisfying several tests.
“This ruling therefore means that ethical vegans are entitled to protection from discrimination under the Act. It is unlawful for an employer to discriminate against, harass or victimise an employee due to religion or belief.”