MoorcroftsMoorcroftsMoorcroftsMoorcrofts
Menu
  • Services
  • Team
  • Careers
  • Charity
  • Insights
    • News
    • Events
    • Podcasts
    • Case Studies
  • Contact

Could you be discriminating against staff on the grounds of their veganism?

Could you be discriminating against staff on the grounds of their veganism?

8th January 2020

Share this post

Veganism has become a lot more popular in recent years and much more “mainstream,” with vegan options available at most restaurants and supermarkets.

According to a recent survey of 1000 vegan employees, nearly half say that they feel that they have been discriminated against in the work place and a third say that they have felt harassed or unfairly treated because of their veganism. Many vegans say that they feel under pressure from their employers to “fit in” and to keep their beliefs to themselves.

As we know already, it is illegal to discriminate against someone on the grounds of their religion or belief. It is straightforward to make a claim, for example, if you are a Christian, because Christianity is recognised and accepted as a religion.

But what about Veganism? When does someone’s dietary preferences suddenly become a philosophical belief, which may be a protected characteristic under the Equality Act 2010?

Mr Casimitjana is an “ethical” vegan. He worked for the League against Cruel Sports and was dismissed for gross misconduct. He recently made a claim to the Employment Tribunal that he had been dismissed and discriminated against on the grounds of his veganism. Ethical veganism is similar to dietary veganism, in that, both eat a plant-based diet. However, ethical veganism encompasses the belief in veganism being a way of protecting animals and the environment. Mr Casimitjana’s claim was that ethical veganism is a philosophical belief, that affects every aspect of his life, much the same as a religion would.

The League Against Cruel Sports defend this claim, denying that his dismissal had anything to do with the fact that he is a vegan. In the present case of Mr Casimitjana, we are still waiting for a decision as to the fairness of his dismissal, however, an employment tribunal Judge has just recently ruled that ethical veganism does constitute a philosophical belief.

Veganism as a belief was also discussed back in 2011 by the courts, when a Tribunal decided that an anti-fox hunting stance could amount to a philosophical belief. Mr Hashman had brought a claim against his former employers, a garden centre, who had dismissed him when they found out about his fervent anti-hunting views. In this case, the Claimant argued that his fervent objection to fox hunting and his fundamental belief in the sanctity of animal life was a philosophical belief capable of protection, under the Equality Act 2010. Being mindful of the environment, of other creatures, not using animal-based products and being a vegan was all part of this belief. In this case, the Claimant described his philosophical belief as the largest and most prominent part of his identity and he won his case, the first of its kind.

Of course, there is a big difference between veganism as a philosophical belief and simply choosing to eat plant-based products. However, employers should be mindful of the fact that for those staff who choose to eat vegan, this may be part of a wider philosophical belief, covered by the Equality Act 2010.

For employment law advice surrounding the Equality Act 2010, contact Lindsey Abbott.

Related Post

18TH JUNE 2025

Moorcrofts help secure new premises for Adclaro Limited in...

Moorcrofts commercial property team has advised Adclaro Limited on a new letting in Central London. Adclaro Limited (formerly Retail Alchemy Limited) is a professional services company that provides marketing return on investment...

2ND JUNE 2025

AI in the Workplace: The Good and the Bad

The adoption of AI is rapidly growing across all sectors. Many employers already integrate AI into their recruitment processes, and recent studies reveal that a majority of employees are also using some form of AI in their daily...

Recent Posts

  • Moorcrofts help secure new premises for Adclaro Limited in London (again!)

    18th June 2025
  • AI in the Workplace: The Good and the Bad

    2nd June 2025
  • A cautionary tale: The use of AI for legal arguments

    22nd May 2025

Get in touch

team@moorcrofts.com
T. +44 (0) 1628 470000
F. +44 (0) 1628 470001
LinkedIn Twitter

Find us

Thames House
Mere Park
Dedmere Road
Marlow
Bucks
SL7 1PB
Moorcrofts LLP is a limited liability partnership registered in England and Wales under number OC311818. Partners: Theresa Hunter, Barry Maytum, Joe Hughes, Julia Ferguson, Kate Prentis, Lindsey Abbott, Tim Astley and William Pearce. Authorised and regulated by the Solicitors Regulation Authority (number 419658) VAT no. GB 727298404

The term "Partner" is used to refer to a member of Moorcrofts LLP or a person of equivalent status, qualifications or senior management experience.

Privacy and cookies  | Service and price transparency  | Complaints

© 2024 Moorcrofts LLP, All Rights Reserved.

This website uses cookies to personalise your experience. For more information on how this site uses cookies please view our Privacy policyOk Close Me