The recent UK case of Casamitjana –v- The League Against Cruel Sports (Employment Tribunal decision, case number 3331129/2018) held that ethical veganism is a philosophical belief, which is protected by the Equality Act 2010 ("the UK Equality Act"). This case raises the question as to whether similar protection is available to ethical vegans under equality law in Ireland.

Background

Mr Casamitjana was employed by The League Against Cruel Sports ("the Employer"). During the course of his employment, Mr Casamitjana allegedly disclosed to his colleagues, that the Employer had invested funds from the Employer's pension scheme in companies which carried out animal testing.  Mr. Casamitjana sent his colleagues several emails and notified them of action he had taken (he took steps to have his contributions invested in an alternative fund which he considered to be more ethical and in line with his ethical veganism) and provided his colleagues with his personal opinions on the subject.

The Employer stated that in Mr. Casamitjana's emails, he gave "financial advice in breach of an express and repeat instruction given [to him] not to do so". As a result, Mr. Casamitjana was ultimately dismissed for gross misconduct.

Mr Casamitjana claimed that he was dismissed due to his philosophical belief in ethical veganism which was protected by the UK Act.  The Employer claimed that he was dismissed for gross misconduct.

Protected Grounds in the UK

The UK Equality Act protects employees from discrimination by reason of their age, disability, gender reassignment, marriage or civil partnership (employment only), pregnancy and maternity, race, religion or belief, sex or sexual orientation.  "Belief" is defined by the UK Equality Act as "any religious or philosophical belief and a reference to belief includes a reference to a lack of belief". Having considered the evidence put to them, the Employment Tribunal found that ethical veganism amounted to a philosophical belief.

The UK Equality Act sets out criteria to determine what amounts to a protected characteristic as follows:

• The belief must be genuinely held, not merely an opinion or viewpoint.
• The belief must be a weighty and substantial aspect of human life and behaviour.
• The belief must obtain a certain level of cogency, seriousness, cohesion and importance and be worthy of respect in a democratic society
• The belief must be compatible with human dignity and not in conflict with the fundamental rights of others.

Is Ethical Veganism a protected characteristic?

An ethical vegan is someone whose lifestyle and choices are shaped by their desire to avoid cruelty and suffering to animals at all practical costs. This can be distinguished from people who merely choose veganism as a diet or for health reasons.   The key argument made in the Casamitjana case was that ethical veganism was a philosophical belief because it was based on a moral imperative namely that is morally wrong to exploit or harm animals.  The Tribunal found that ethical veganism was "important" and "worthy" and did constitute a philosophical belief.  In this case, Mr. Casamitjana was a very committed vegan.  For example, he chose to walk rather than take the bus to avoid accidental crashes with insects or birds.  It is also noteworthy that the Employer did not contest the issue of whether ethical veganism was a protected characteristic.

Protected Grounds in Northern Ireland

In Northern Ireland, the Fair Employment and Treatment Order 1998 (as amended by the Fair Employment and Treatment Order (Amendment) Regulations (Northern Ireland) 2003), was amended in relation to the definition of "religious belief" to include any "religion or similar philosopical belief".

Based on this amended definition, there is some scope to argue that ethical veganism is a philosophical belief and therefore a protected ground on which discrimination is prohibited.

Protected Grounds in Ireland

The Employment Equality Acts 1998 – 2015 ("the Irish Employment Equality Acts") set out the protected grounds under Irish law. The protected grounds in Ireland differ slightly from those in the UK and include gender, family status, civil status, sexual orientation, religion, age, disability, race and a member of the travelling community. A "belief" is not a protected ground in Ireland.  Instead, the test in Ireland focuses around religion.

Religion is defined by Section 6 (2) (e) of the Employment Equality Acts 1998 ("1998 Act") as "that one has a different religious belief from the other, or that one has a religious belief and the other has not ".  The definition of "religious belief" in the 1998 Act includes "religious background or outlook".

There have been a limited number of cases on the religion ground in Ireland to date.

However, in circumstances where the relevant protection in Ireland is limited to religion and does not extend to a "belief", it is unlikely that the belief of ethical vengaism would come within the definitions provided for the the Irish Employment Equality Acts.

Learning points

Given the differences between the protected grounds defined in the UK and Irish legislation, ethical veganism is unlikely to gain protection under the Irish Employment Equality Acts.