The case involves an individual, Mr Jordi Casamitjana, an ‘ethical vegan’.
All vegans eat a plant-based diet, but ethical vegans try to exclude all forms of animal exploitation. This will include avoiding wearing or buying clothing made from wool or leather, or using toiletries from companies that carry out animal testing.
Mr Casamitjana’s belief in ethical veganism also affects his everyday life, for example, he will choose to walk rather than take a bus in order to avoid accidental crashes with insects or birds.
He was working for the League Against Cruel Sports and became aware that his employer was investing his pension fund in companies involved in animal testing, which was contrary to his beliefs as an ethical vegan.
Mr Casamitjana raised his concerns which his employer, but they failed to do anything about them. He therefore disclosed the concerns to his colleagues. The League Against Cruel Sports dismissed him for gross misconduct and Mr Casamitjana issued a claim in the Employment Tribunal, arguing that his dismissal amounted to discrimination as he was being treated less favourably because of his ethical veganism belief.
This is the first case in the UK that has had to decide whether veganism is protected in law. The Tribunal today ruled that Mr Casamitjana met the relevant legal tests for his ethical veganism to qualify as a philosophical belief, and therefore he should be protected from discrimination.
The case is still ongoing, and it has not yet been determined whether Mr Casamitjana was actually discriminated against by his employer. However, the ruling that ethical veganism is a philosophical belief is significant, particularly given that research last year found that most employers tend to view veganism as a lifestyle or dietary choice, rather than a genuine belief in animal welfare or the protection of the environment.
Given the decision, employers will need to give greater consideration to vegan employees, including whether to remove leather furniture from workplaces and provide soap in staff toilets which has not been tested on animals.