Landmark ruling: ethical veganism is protected under equality law.

An employment tribunal has ruled that ethical veganism is a philosophical belief protected under discrimination law. Do you appreciate the implications for schools, colleges and universities? And what if staff claim that they have a  right to a philosophical belief that gender reassignment is not possible – are they protected under equality law? What if a student says that they are a Jedi Knight – is this a protected philosophical belief? Where do you draw the line? What are the practical implications from this landmark ruling for education providers?

In January 2020, an employment court agreed that ethical veganism is a philosophical belief and should be protected under the Equality Act 2010.

Judge Robin Postle, in a short summary judgment, explained that for a belief to be protected under the Act, it must meet several tests including being worthy of respect in a democratic society, being compatible with human dignity and not conflicting with the rights of others.

Peter Daly, the employment lawyer representing the defendent, said:

'The recognition of ethical veganism as a protected philosophical belief under the Equality Act 2010 will have potentially significant effects on employment and the workplace, education, transport and the provision of goods and services.'

The defendant, Jordi Casamitjana said:

'I’m extremely happy with the outcome of this hearing and for the words of the judge who clearly understood what ethical veganism is... we have provided sufficient [evidence] for the judge to conclude that…ethical veganism is a protected ‘non-religious philosophical belief’.

In light of this ruling, employers may want to consider reviewing how they support ethical vegans in their organisation, and if any changes are required.

Guidance for employers

The Vegan Society have published 'Supporting veganism in the workplace: A guide for employers'. This  provides a definition of veganism, explains the law and advises on how to support vegans at work.

The guidance says employers should consider:

• Ensuring that vegan options are available in canteens
• Sending out a ‘dietary requirements’ sheet for catered events, ensuring vegans can request appropriate food
• Designating food storage areas for vegans, for example a shelf in the fridge above non-vegan foods
• Providing milk alternatives for tea and coffee making
• Ensuring vegans have access to vegan-friendly clothing, such as synthetic safety boots
• Exempting vegans from attending corporate events such as horse racing or barbeques
• Exempting vegans from participating in signing off the purchase of non-vegan products
• Supporting vegan employees to discuss their pension investment
• The prompt action to take if a vegan is being subjected to unfair treatment or inappropriate behaviour

The guidance also suggests providing training to staff to better understand their vegan colleagues and to update equality policies to include considerations around veganism.

You can download the guidance here

What about a view that it is impossible to change from one sex to another – can this be a protected ‘philosophical belief’? What if a student says that they are a Jedi Knight – is this a protected philosophical belief? Where do you draw the line?

The Equality Act 2010 says that a philosophical belief must be a ‘genuinely held belief than a mere opinion. Furthermore, this philosophical belief must be ‘cogent, serious and apply to an important aspect of human life or behaviour’. This means that being a Jedi Knight would not be counted as a philosophical belief under the Equality Act 2010.

The Equality Act 2010 also says that a belief must also be ‘worthy of respect in a democratic society and not affect other people’s fundamental rights’. 

In Forstater v CGD, F claimed she had been subjected to direct discrimination. F became concerned about proposed changes to Equality law that would permit people to self-identify their gender and she posted critical comments on social media. F told the employment tribunal (ET) that in her view, the words man and woman describe a person’s sex and are immutable [absolute]; a person is either one or the other, there is nothing in between, it is impossible to change from one sex to the other and she will not accept that a trans woman is in reality a woman or that a trans man is a man.

The ET found that F’s view was not a protected philosophical belief. The fact that F would refer to a person by the sex she considered appropriate, even if it violates their dignity and/or creates an intimidating, hostile, degrading, humiliating or offensive environment, is not worthy of respect in a democratic society.

What are the practical implications for education providers?

Providers should ensure that their equality, diversity and inclusion (EDI) policy provides clarity on the legal definition of a philosophical belief.

Providers should consider what actions they should take to better support vegans in the workplace.

Staff should receive regular and meaningful EDI training that explains Ofsted expectations under the 2019 inspection framework and the practical implications on job roles and responsibilities