Heard in Veganuary where people go vegan for the month, this case could not have come at a more fitting time.
The Claimant, Mr Casamitjana, an ethical vegan (also known as a moral vegan), had been employed by his previous employer for 30 years. He claimed he was dismissed as a result of his ethical veganism belief. In particular, he was unhappy with his employer’s choice of pension fund investors as he claimed the companies went against the principles of ethical veganism.
His employer, however, claimed that he was dismissed for gross misconduct and not for his ethical veganism belief.
During the case, Mr Casamitjana’s legal team gave examples of how his belief had an impact on his daily life. This includes avoiding sitting in leather seats, and holding onto leather straps on public transport, avoiding sharing a property with a non-vegan, and ensuring that vegan food is available at events and social gatherings.
Mr Casamitjana’s brought a number of claims against his employer, including unfair dismissal and direct and indirect discrimination.
The Tribunal had to consider whether Mr Casamitjana’s ethical veganism was a belief and not just an opinion, whether this belief affected a substantial part of his life and behaviour, whether the belief had a certain level of cogency and whether it is worthy of the respect in a democratic society.
The Claimant was successful in demonstrating that he held a philosophical belief capable of protection under the Equality Act. The Tribunal held that his belief was genuine, but this does not mean that others will automatically qualify; each case will be assessed individually on its facts.
What does this mean for employers?
It’s a bold step for the Tribunal but upon reading the case, its’ not difficult to reach the conclusion that it did.
When considering whether to take action against an employee that may detrimentally impact their employment with you, you should always consider whether your treatment is because of a protected characteristic, and now this consideration should perhaps extend to ethical veganism.
Do you have an employment law issue in your business that you need some support with? Use the contact page on our website (www.guardianlaw.co.uk) to book a consultation with our legal team or call us on 0115 870 0150 now.
