Skip to main content

Insight article

January 28, 2021

Veganism and employment law

Vegan beliefs extend beyond Veganuary

Record numbers signed up to ditch meat during January for the Veganuary Challenge, but even when burgers are back on the menu, employers need to keep an eye on safeguarding ethical beliefs for vegans who make it a lifestyle.

The interest in veganism has seen the numbers undertaking Veganuary soar in recent years, with 500,000 people taking part in 2021. But while many are simply testing the health benefits of a short-term change in their fridge contents, for those people who choose to become vegan in the long term, it is often not just about diet, but rather a way of life. If they make an ethical decision to live without the use of animal products, this will affect what a person wears, the products they use, or their work and leisure activities.

The Vegan Society describe veganism as “…a philosophy and way of living which seeks to exclude … exploitation of, and cruelty to, animals for food, clothing or any other purpose; and by extension, promotes the development and use of animal-free alternatives for the benefit of animals, humans and the environment”.

Such beliefs caused a clash when long-standing ethical vegan Jordi Casamitjana challenged his employer, The League Against Cruel Sports, for the way pension funds were invested. The League is an animal welfare charity which campaigns against sports such as fox hunting or bullfighting and Mr Casamitjana was a qualified zoologist who had dedicated his life to helping animals in need, working in animal protection most of his working life, becoming a strict vegan in 2000.

On joining the League, he was enrolled into their pension scheme but later discovered that the fund was investing in companies known to engage in animal testing, such as pharmaceutical or tobacco companies. After objecting, and there being no change in practice, Mr Casamitjana wrote to colleagues setting out his discovery, and when he was later dismissed claimed this was due to his ethical veganism, although the League argued that the dismissal was on conduct grounds.

When the case was first heard by the Employment Tribunal, the focus was not on whether he had been unfairly dismissed, but on whether ethical veganism was a philosophical belief capable of protection under the Equality Act 2010. The Act prevents direct and indirect discrimination based on protected characteristics, which include:

  • Gender
  • Age
  • Disability
  • Race
  • sexual orientation
  • personal relationship status, and
  • religion or belief.

These characteristics extend to consumers, the workplace, education, public services, private clubs or associations and when buying or renting property.

To satisfy the definition of a philosophical belief, ethical veganism had to pass a series of tests, as set out in the Equality and Human Rights Commission Code of Practice on Employment 2011. These include whether it was formed in respect of a weighty and substantial aspect of human life, has attained a level of cogency and coherence and could be worthy of respect in a democratic society. It must not be incompatible with human dignity nor conflict with the fundamental rights of others.

In giving his ruling, Judge Robin Postle said he was “overwhelmingly” satisfied that ethical veganism constituted a philosophical belief and so those holding such beliefs should be protected against discrimination.

This ruling distinguished ethical veganism from vegetarianism, which was tested in an earlier case – Conisbee v Crossley Farms Limited & Others. Here the Employment Tribunal decided that vegetarianism was not a philosophical belief which qualified for protection under the Equality Act 2010, saying it did not attain the necessary level of ‘cogency, seriousness, cohesion and importance’ required and that the practice could be adopted for a variety of reasons, such as lifestyle, health, diet or concerns about animal welfare.

Employment partner, Karen Cole said:

“While last year’s decision in the case of Mr Casamitjana does not have a binding effect on other tribunals, as each case will depend on its own facts, it highlights the need for employers to continually review their practices and policies to be sure they are not discriminating against any employees because of their beliefs.

The implications are perhaps more significant given the continued rise in popularity of veganism. Figures suggest there are as many as 2.2m vegans in the UK currently, compared to just 150,000 in 2014. That rise has been pushed in no small part by reports from the UN and academics, highlighting how switching to a plant-based diet could help fight climate change.”

While the ruling may appear to open the floodgate for vegan-related demand by employees – such as whether leather chairs are acceptable or if they should handle products containing animal ingredients – tribunals will be taking a measured approach in deciding whether such issues are discriminatory. A similar case involving a Muslim employee, who argued his beliefs prevented him from handling alcoholic products, was unsuccessful when heard by the tribunal.

Karen added:

“Best practice is to ensure that vegan beliefs are accommodated in the same way as other beliefs, such as ensuring that any food provision for employees in canteens takes account of vegan preferences or avoiding demands that employees wear leather shoes. Staff training should be kept up to date as to what constitutes discrimination and unacceptable behaviour, and employees should have an identified point of contact to report incidents of discrimination.

This reflects the ongoing need for business recruitment and working practices to keep pace with both the law and changing attitudes across society. Failure to keep up with such trends is no defence when it comes to employers providing appropriate protection for employees.”

For more information on Veganism, contact Karen Cole.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • Pay transparency in recruitment: Is your business ready to disclose salaries?
    Employers may eventually have to provide salary information much earlier in the recruitment process under proposals being considered by the Government.


    Read more
  • Pension inheritance tax changes will increase executors’ responsibilities from April 2027
    From 6 April 2027, most unused pension funds and pension death benefits will be included within the scope of Inheritance Tax. We explain what the changes mean for executors, why estate administration may become more complex and how careful planning c


    Read more
  • What is company record keeping and why is it important?
    Accurate company record keeping is essential for meeting legal obligations, protecting directors and shareholders, supporting business decisions and reducing risk. This guide explains which records companies should maintain, why they matter and the c


    Read more
  • Buying a commercial unit: what you need to know
    Buying a commercial unit can be a valuable step for your business, but it comes with legal, tax, planning and property risks. Brinda Granthrai explains what buyers should consider before committing.


    Read more
  • Pension and inheritance tax changes from April 2027: why now is the time to review your will and estate plan
    From 6 April 2027, most unused pension funds and pension death benefits are expected to be included in a person’s estate for inheritance tax purposes. This article explains what the changes could mean for families, pension nominations, wills, chari


    Read more

What they say...

  • Client, July 2026
    Constructive and empathetic “I contacted Pippa Marshall at RIAA Barker Gillette through a recommendation regarding a family law matter. Pippa was always clear, efficient, empathetic and helpful, offering constructive insights on my situation. I

  • Dino, July 2026
    A lucky professional meeting! “We had an excellent professional experience to recommend to all those who need legal help in the UK.”

  • Client, July 2026
    10-star service from Patrice Lawrence “I cannot encompass in words how brilliant a service and support I have received since working with Patrice. Effective efficiency, exceptional excellence. All this and more. I am grateful that Patrice manag

  • Dino, July 2026
    Unexpected and very valid professional experience “Law firm to be recommended also to non-residents in the UK”

  • Client, July 2026
    Seamless experience “My recent experience with RIAA Barker Gillette was exceptional. They provided considered care, attention to detail, and I felt supported every step of the journey. This was my first time working with a solicitor, and I was

Read more
Send this to a friend