An employment tribunal has decided in a case brought by Jordi Casamitjana against the League Against Cruel Sports, that ethical veganism is a philosophical belief and so qualifies as a protected characteristic under the Equality Act 2010. The Guardian report that the preliminary ruling does not settle Casamitjana’s claim to have been unfairly dismissed because of his belief but lays the ground for a substantive hearing. The ET held that ethical veganism satisfied the series of tests set out in Grainger plc v Nicholson [2010] IRLR 4 for it to be a protected philosophical belief under the EA 2010, including being worthy of respect in a democratic society, not being incompatible with human dignity, and not conflicting with the fundamental rights of others. Note that in H v the UK 16 EHRR CD44, the European Court of Human Rights confirmed in 1993 that veganism is capable of constituting a belief for the purposes of Article 9(1) ECHR, the right to freedom of thought, conscience and religion, albeit subject only to such limitations prescribed by law under Article 9(2).
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This update provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and help judgments made in every aspect of the case. Click on the links to access full details. If no link is provided, contact us for more information. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
