Following the decision in Casamitjana Costa –v- The League Against Cruel Sports, which held that ethical veganism is a philosophical belief for the purposes of section 10 of the Equality Act 2010, the written reasons in the case have now been published.
What is clear from Employment Judge Postle’s reasons is that Mr Costa’s ethical veganism lifestyle goes beyond the ‘plant-based’ lifestyle of dietary vegans. When reading the judgment (link below) attention should be given to the extensive nature of the belief.
The judge considered the guidance provided on the definition of a philosophical belief in Grainger Plc -v- Nicholson 2010 ICR 360 (EAT) which is summarised below:
- The belief must be genuinely held.
- It must be a belief, not merely an opinion or viewpoint based on the present state of information available.
- It must be a belief as to a weighty and substantial aspect of human life and behaviour.
- It must attain a certain level of cogency, seriousness, cohesion and importance.
- It must be worthy of respect in a democratic society, not be incompatible with human dignity and not conflict with the fundamental rights of others.
The judge held that, in relation to the second guidance point, Mr Costa had “clearly dedicated himself to [ethical veganism] throughout what he eats, where he works, what he wears, the products he uses, where he shops and with whom he associates” stating that it was clearly “not simply a viewpoint, but a real and genuine belief and not just some irrational opinion.” The judgment refers to evidence of Mr Costa using vegan friendly electricity, avoiding public transport which may cause accidental crashes with insects or birds and using credit cards or coins as opposed to using notes which have been manufactured using animal products.
It is clear that the judge came to his decision based on the extensive nature of ethical veganism. It is unlikely that veganism itself would be protected in the same way. The judge’s decision and reasonings are a useful reminder of the application of the Grainger Plc guidance in practice.
The tribunal’s judgment can be found here.
