At the time of writing this article, the Employment Tribunal in the case of Casamitjana v League Against Cruel Sports is due to consider whether veganism is a protected belief under the Equality Act 2010
Facts of the case
Mr Casamitjana describes himself as an “ethical vegan”. He was employed by League Against Cruel Sports, an animal welfare charity. He alleges that he was dismissed after raising concerns about his employer investing pension funds in organisations that were involved in animal testing, which conflicted with his ethical vegan beliefs.
The crux of the case is that Mr Casamitjana is arguing that his ethical veganism amounts to a philosophical belief and he was discriminated against because of that belief.
The Law
Religion or philosophical belief is one of the Protected Characteristics which are currently covered by the Equality Act 2010.
In order for veganism to qualify as a philosophical belief, Mr Casamitjana must be able to prove (amongst other things):
-That his belief is genuinely held;
-The belief is one as to a weighty and substantial aspect of human life and behaviour;
-The belief attains a level of importance and seriousness; and
-The belief is worthy of respect in a democratic society.
Comment Of all the Protected Characteristics, philosophical belief is arguably the most difficult to define and it will be interesting to see the tribunal’s decision in this case. Last year, the Employment Tribunal held that a belief in Scottish independence qualified as a philosophical belief. This raises the question of whether in the current political landscape, could an individual’s strong views on Brexit satisfy the test and amount to a philosophical belief?
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