REWARD
Veganism, equality, disciplinary
NicoleMullineux, senior employment specialist for Peninsula , reviews the decisions three cases
Casamitjana v League Against Cruel Sports In this case, it was reported that the employment tribunal (ET) ruled a claimant’s ethical veganism was a philosophical belief and, therefore, should be granted legal protections under the Equality Act 2010 (‘the Act’). Under the Act, employees are able to bring claims if they are subjected to forms of discrimination because of a philosophical belief. In the case Grainger v Nicolson, the employment appeal tribunal (EAT) outlined that, amongst other criteria, a philosophical belief needs to relate to a weighty and substantial aspect of human life and behavior and attain a certain level of cogency, cohesion and importance. The claimant worked at a charity that specialised in standing against forms of animal cruelty. For years, he had identified as an ethical vegan, which is understood to be a form of veganism that goes further than removing all animal-based products from one’s diet; it is a rejection of any
and all practices that relate to animal exploitation. Specifically, his core beliefs included the following: ● consuming no animal products such as fish, milk, eggs and honey ● wearing no clothes that contain animal products, and ● avoiding being in vehicles due to the potential for insects to be killed on windscreens. Casamitjana raised concerns that part of the pension fund which the charity was enrolling employees into was investing in organisations that tested on animals. After being dismissed, he asserted it was because of his ethical veganism, arguing this should be considered a philosophical belief. In a preliminary hearing, the ET agreed that ethical veganism should be considered a philosophical belief and therefore be granted legal protections under the Act. This was because the claimant’s beliefs in ethical veganism met the tests required to be considered a philosophical belief.
The outcome of this case does not mean that all vegans are now considered as having a philosophical belief. This ruling applies to ethical veganism and, particularly, the core beliefs of this claimant in question. Additionally, this is a first instance decision and future claims may serve to overturn the current understandings on vegan employees. This ruling has received a lot of publicity and may encourage other vegans who feel they have been unfairly treated to seek to bring similar claims. To this end, it is advisable for employers to consider the position on supporting vegans in their company. Ahmed v BBC In this case, the ET found that the BBC failed to demonstrate that its actions in paying two presenters substantially different salaries was not related to their gender. Under the Act, male and female employees must receive equal pay for equal work. The work does not have to be related to the same role; it can be work which is the same or broadly similar and any differences are not of practical importance in relation to employment
...advisable for employers to consider the position on supporting vegans...
| Professional in Payroll, Pensions and Reward | April 2020 | Issue 59 34
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