Is Ethical veganism a ‘philosophical belief’ under employment law?
Employers should provide training and awareness on the subject of ethical veganism, in the same way that they provide mental health or equality and diversity training. Managers should be aware that teasing or belittling a person for their beliefs could be considered discrimination (and bullying & harassment). For example – a staff member requesting that meat products be put on a different shelf in the staff fridge than their lunch. Such a request should be considered and acted upon in a fair and reasonable manner.
Two cases on the subject of Veganism as a philosophical belief have recently been through the employment tribunal courts, with different outcomes. Since the Grainger v Nicolson case of 2009 Grainger PLC & Others v Nicholson [2009] , the courts have had a 5 point definition of a ‘philosophical belief’.
Ms K Reilly v RT Management Bridgeton Ltd: 4107984/2020 – GOV.UK
In this case Ms Reilly claimed that she had been unfairly dismissed after being sacked following a call she had made to the local Environmental Health department. She claimed breaches of hygiene standards and practices in the Subway franchise operated by Mr Lahar. One of these claims was that Mr Lahar had served dairy cheese when the food outlet had run out of vegan cheese. He also ridiculed Ms Reilly’s vegan lifestyle and beliefs and frequently waved meat products in her face saying ‘Go on eat it, what could happen’ and similar comments.
The tribunal court commented, ’’She showed that her practice of veganism is a belief intrinsic to her sense of identity. We were satisfied that for Miss Reilly, veganism is a philosophical belief within the meaning of section 10 of the Equality Act 2010 and is a protected characteristic for her.”
Ms Reilly was awarded almost £13,000, mainly for injury to feelings and unfair dismissal arising from a protected act (whistleblowing).
Ms S Free Miles v The Royal Veterinary College: 2206733/2020 – GOV.UK (www.gov.uk)
Ms Free Miles was dismissed from The RVC following her arrest for burglary in the course of her involvement with the Animal Liberation Army. She claimed that she was involved with the group due to her ethical vegan philosophical beliefs and it was argued that therefore it fell within the definition of belief as it included a moral obligation to take positive action to reduce animal suffering, including illegal and unlawful acts such as trespass on property and removal of animals.
However, the employment tribunal did not agree and decided that for a belief in ethical veganism to be a philosophical belief under section 10 of the Equality Act 2010, it cannot include a belief in a positive obligation to break the law to expose and reduce animal suffering.
The claim was dismissed.
These cases may well leave employers perplexed as to what they should be doing. Contact us to discuss training and communication in your workplace.
