Ethical veganism declared a philosophical belief
Ethical veganism has now been recognised as a philosophical belief that is awarded protection against discrimination under the equality laws of England and Wales. The landmark judgment given by Judge Robin Postle followed a case brought by vegan Jordi Casamitjana, who claimed he was sacked by the League Against Cruel Sports because of his ethical veganism.
Casamitjana v League Against Cruel Sports
Mr Casamitjana was employed by the League Against Cruel Sports, an animal welfare charity, until he discovered that the pension fund he was enrolled into had invested in companies conducting animal testing. After complaining to allegedly unresponsive senior members of the charity, Mr Casamitjana informed his fellow colleagues. Shortly after these encounters, he was dismissed. The League Against Cruel Supports maintained that this was for ‘gross misconduct’, defending themselves through asserting that there was no substance to any ‘whistleblowing’ claims. However, the employee believed that he had been unfairly disciplined for making this disclosure that was attached to his philosophical belief in ethical veganism.
Mr Casamitjana brought a suit against his ex-employers, claiming that he had been unfairly dismissed on the ground of discrimination. ‘Religion or belief’ is a protected characteristic under the Equality Act 2010 and the tribunal hearing thus concerned whether ethical veganism could be considered a philosophical belief to be protected by this discrimination law. Judge Postle found that ethical veganism satisfied the tests required to be protected, namely that the belief was worthy of respect in a democratic society, was not incompatible with human dignity, and did not conflict with the fundamental rights of others.
A Triumph for Ethical Veganism?
Though this ruling from the employment tribunal will not amount to a binding legal precedent, the effects of the judgement will be far-reaching. Ethical veganism is a belief held by a significant number of people in the UK. These individuals not only adhere to a strict plant-based diet, but also exclude all forms of animal exploitation from their lifestyle. This can include refusing to wear clothing made of wool or leather and rejecting products that are tested on animals. The decision has extensive implications for employers and society, as employers will now have to respect ethical veganism. However, the scope of this is yet to be determined. For example, could a retail worker refuse to handle meat at a checkout? The protection may extend to areas such as education and the supply of goods and services. Some lawyers have even suggested that the Bank of England may now be open to challenge for issuing banknotes unsuitable for use by vegans. Whilst Mr Cadamitjana’s case for unfair dismissal continues, this is certainly a triumph for ethical vegans and a particularly interesting legal avenue to follow in the future.
