An employment law expert at Yorkshire-based solicitors Lupton Fawcett believes there is a “fair chance” that veganism could be declared a philosophical or religious belief when a tribunal sits in March to make a decision during landmark legal action.
It means vegans could be given legal rights under the Equality Act 2010, which also covers race, disability and sexual orientation.
In the upcoming case, Jordi Casamitjana claims he was sacked by the League Against Cruel Sports after raising concerns that the animal welfare charity invested its pension funds in companies involved in animal testing.
He says he was dismissed after disclosing the information to colleagues – and that the decision was down to his belief in ethical veganism, which the League Against Cruel Sports denies.
Vegans and ethical vegans both consume a plant-based diet, but ethical vegans also try to eliminate all forms of animal exploitation – opting against wearing wool or leather and not using products tested on animals.
According to the Vegan Society, there are currently around 600,000 vegans in the UK – up from about 150,000 in 2014.
Mr Casamitjana’s lawyers said ethical veganism meets the criteria for it to be considered a philosophical or religious belief, meaning it would be protected under the Equality Act 2010.
To be protected under the Act, a belief must satisfy one of five standards – including that it is genuinely held and must be worthy of respect in a democratic society.
Mr Casamitjana’s solicitor says ethical veganism “comfortably” meets the tests required to establish it as a philosophical or religious belief, adding that it is “more than simply a dietary choice”.
Mr Casamitjana says the hearing is not just about his dismissal but establishing ethical veganism as a philosophical belief and that it is “important that the law protects vegans”.
But the League Against Cruel Sports said it sacked Mr Casamitjana for gross misconduct, adding: “To link his dismissal with issues pertaining to veganism is factually wrong.”
Mr Casamitjana is crowdfunding his legal fees for the case, and Yorkshire-based solicitor Louise Connacher says the judgement’s outcome may succeed and result in the extension of protection offered to employees under the Equality Act being applied to veganism.
Louise Connacher, a partner in the employment department at Lupton Fawcett solicitors which has offices in Leeds, Sheffield and York, says the case has landmark implications.
Louise Connacher said: “Based on previous case law and the principles distilled by the Employment Appeal Tribunal, Mr Casamitjana’s claim must have a fair chance of succeeding.
“As veganism continues to grow, this is going to be an issue which employers will increasingly have to take note of.
“While dismissing someone because of their belief in veganism may seem extreme, harassment of vegans for not eating meat or dairy or failing to provide vegan food at firm-related meetings is likely to be more common in the workplace.”
She added: “If lifestyle veganism is found to be a protected characteristic, this opens up concerns for businesses.
“For example, failure to provide vegan choices in work-related meetings or at the Christmas party could result in claims of discrimination if their dietary requirements are overlooked.”
