Last month, an Employment Tribunal Judge ruled that ethical veganism could amount to a philosophical belief and gain protection by law under the Equality Act 2010. Now the Employment Tribunal has published its preliminary hearing judgment in the case of relevance to this subject and a summary can be found below.
Casamitjana Costa v The League Against Cruel Sports
Background
Mr Casamitjana worked for The League Against Cruel Sports, an animal welfare charity. During his employment, he took a particular interest in the company’s pension fund and concluded that they were unethically investing the funds as the finances were going to companies which were said to harm animals. As a result, he took steps to have his contributions invested in an alternative fund that he deemed was more ethical and pursuant to his ethical veganism.
Mr Casamitjana informed his work colleagues about the company’s pension funds via several emails, notifying them of the action he had taken and providing them with his personal opinions regarding the subject.
As a result of this action, Mr Casamitjana was dismissed by The League Against Cruel Sports for gross misconduct as his emails “give financial advice in breach of an express, and repeat instruction given to the Claimant not to do so.”
Mr Casamitjana in his claim to the Employment Tribunal referenced a line in his dismissal letter, which said:
“Based on your understanding and belief, if given the opportunity, you will act in the same way … I consider the email you sent to staff biased because of your ethical principles and could influence them to change their pension arrangement.”
He claimed he was dismissed for his fundamental belief in ethical veganism and brought legal action against his employer for indirect discrimination, direct discrimination or harassment and victimisation.
Mr Casamitjana’s case drew a distinction between the varying commitments to veganism. His fundamental belief covered all aspects of ethical veganism stretching from not wearing animal products to choosing to walk wherever possible rather than taking the bus as buses are more likely to kill insects. His evidence was that his beliefs went way beyond a simple dietary restriction.
Preliminary hearing judgment
The Employment Tribunal Judge referenced in his judgment that he found it:
“easy to conclude that there is overwhelming evidence before me that ethical veganism is capable of being a philosophical belief and thus a protected characteristic”.
The Judge then went on to state the importance of this case and its relatively unusual facts of it (paragraphs 20 and 22) before reaffirming that:
“I am therefore satisfied and find it easy to conclude that there is overwhelming evidence before me that ethical veganism is capable of being a philosophical belief and thus a protected characteristic under the Equality Act 2010.”
The case will now move on to a Full Merit Hearing in February.
What steps can employers take to accommodate vegan employees?
In light of this high-profile case, it’s important that employers consider taking steps to accommodate vegan employees. Organisations can do this by providing vegan food options at work, monitoring potential bullying and/or harassment and taking action if it occurs, and taking special accommodation, if needed (e.g. not making an employee visit a client who cooks meat products).
Whilst it is not necessarily the case that every vegan will be able to demonstrate the same level of a fundamental belief that the Claimant, in this case, could, employers are advised in any event, where possible, to operate on the basis that vegan beliefs are welcomed and respected, creating a culture of understanding and respect.
How Nelsons can help
For further information or to comment on this article, please contact a member of our Employment Team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online form.