A court in Great Britain is being asked on Thursday to decide whether veganism is a “philosophical belief” akin to a religion and thus should be protected under law.
The case stems from a claim filed by Jordi Casamitjana, who says he is an “ethical vegan,” and will walk rather than take a bus, which might accidentally crash into insects or birds and injure or kill them. Casamitjana worked for the animal welfare charity the League Against Cruel Sports, according to the BBC, and pointed out to his superiors that the organization had invested pension funds in firms involved in animal testing.
Casamitjana claims that after he informed his bosses, they did not take action, so he spoke to colleagues about the issue and was subsequently fired. That prompted his claim of discrimination against him because of his ethical veganism belief. He asserted,“Although the manner in which I was dismissed was intensely distressing for me, some good may come of it if I am able to establish this valuable protection for all ethical vegans. If we are successful in that hearing, we will then proceed to a hearing on the specifics of my dismissal.”
The League Against Cruel Sports counters that Casamitjana was dismissed for gross misconduct, though it does not dispute that veganism should be protected.
The BBC explains, “ … ethical vegans try to exclude all forms of animal exploitation, for instance avoiding wearing or buying clothing made from wool or leather, or toiletries from companies that carry out animal testing.”
On Thursday, the employment tribunal will consider whether veganism is a “philosophical belief” akin to a religion.
The BBC writes, “‘Religion or belief’ is one of nine ‘protected characteristics’ covered by the Equality Act 2010. It is unlawful for an employer to discriminate directly, by treating an employee less favorably than others because of their religion or belief.”
BoltBurdon Solicitors explain:
In seeking to determine whether a belief is a philosophical belief under the Equality Act 2010, an individual needs to demonstrate that:
- it is a belief and not an opinion or viewpoint based on the present state of information;
- the belief is genuinely held;
- the belief concerns a “weighty” and substantial aspect of human life and behaviour;
- it is “worthy of respect in a democratic society”; and
- it is held with “sufficient cogency, seriousness, cohesion and importance”.
Casamitjana’s attorney, Peter Daly, stated, “Ethical veganism is a philosophical belief held by a significant and growing portion of the population in the UK and around the world. This case, if successful, will establish that the belief entitles ethical vegans protection from discrimination. The case we have prepared sets out how the belief in principle, and how Jordi’s particular interpretations of it, comprehensively meet the required legal test.”
In an interview from October 2019 with Vegan Life, Casamitjana recollected that he had chosen years ago to study animal societies, specifically “the amazing world of social wasps. I chose wasps because everyone seemed to hate them, and would run away from them or kill them at every opportunity. Nobody appeared interested to find out about ‘who they are.”
He continued, “ … the very first day I went to observe a wild nest, something extraordinary happened. One of the wasps working as a ‘guard’ at the time, saw me approaching. She looked at me, assessed my intentions, and she judged me as ‘safe enough’, so she did not raise the alarm. My heart was pumping fast when I realized that I had been correctly judged by a one-inch tall individual. ‘She’, and not ‘it’, was a wise person belonging to a mysterious civilization I was about to enter. And when I did, I discovered things I would never have imagined. These creatures were not that different to us. In fact, they seem superior in so many ways… but people would kill them.”