It is illegal to fire someone for being an ethical vegan because it is a philosophical belief, an employment tribunal in Norwich ruled on 3rd January 2020. The decision was made after a worker alleged that he was fired for raising concerns that his employer’s pension fund was being invested in companies involved in animal testing.
To summarise:
- The judgement at the tribunal ruled that ‘ethical veganism’ satisfies the tests required for it to be a philosophical belief and is therefore protected under the 2010 Equality Act. In order for a belief to be protected under the Act, it must pass a series of tests including being worthy of respect in a democratic society, is not incompatible with human dignity and does not conflict with the fundamental rights of others. Religion and belief are one of nine protected characteristics under the Equality Act. The others are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, and sex and sexual orientation.
- Under the ruling, ‘ethical vegans’ were identified as being different to ‘dietary vegans.’ The former “try to avoid all forms of animal exploitation in the products they buy, as well as in their diets.” (The plaintiff Jordi Casamitjana, formerly a researcher at the League Against Cruel Sports, declared that he “would rather walk than take a bus to avoid accidental crashes with insects or birds.”)
- The ruling does not create a binding legal precedent, but it will have important and far-reaching effects. Employers will have to respect ethical veganism, and make sure they do not discriminate against employees for their beliefs, and the ruling could extend into other areas such as education and school meals.
- The tribunal has yet to consider whether Mr Casamitjana was treated less favourably because of his ethical veganism.
Most of the vegans I know would say that they don’t consume any animal products for ethical reasons, although there are some who prioritise the claimed health benefits of a vegan diet. There is nothing new about different levels of ‘strictness’ within vegetarianism and veganism. For example, in Jainism the most dedicated followers wear a gauze mask to prevent breathing in tiny insects. Conversely, many long-term vegetarians and vegans will be familiar with those who claim to be “abstaining from all animal foods apart from when I go out and at the weekend.”
The immediate impact of the ruling will be controversial. Any perceived ‘aggressive veganism’ is bound to irritate hardcore carnivores, who will see the judgement as a direct challenge to their “right to eat meat.” Nonetheless, the fact that the ruling is all about ethics is a dramatic step forward.
Paul Freestone
OxVeg 