Veganism and manufacturing: Protected characteristics from discrimination in employment law
Back in 2020, a preliminary hearing for Casamitjana v The League Against Cruel Sports determined that "ethical veganism is a philosophical belief which qualifies as a protected belief within the meaning of section 10 of the Equality Act 2010".
In this instance, ‘ethical veganism’ distinguishes between the belief that "seeks to exclude... forms of exploitation and cruelty to animals for food, clothing or any other purpose" and simple dietary choice.
In order to reach this finding, Mr Casamitjana’s belief was tested in accordance with the Grainger criteria, derived from the case of the same name. The criteria are:
- Is the belief genuinely held?
- Is it a belief, as opposed to an opinion or viewpoint?
- Does the belief concern a weighty and substantial aspect of human life and behaviour?
- Has the belief attained a certain level of cogency, seriousness, cohesion and importance?
- Is the belief worthy of respect in a democratic society, not incompatible with human dignity or in conflict with the fundamental rights of others?
- Does it have a similar status or cogency to a religious belief?
Philosophical beliefs are tested on a case-by-case basis, so the purpose of this case is to show that vegans can be protected under the Equality Act.
Interestingly, the case of Conisbee v Crossley Farms determined vegetarianism did not pass the above tests. This is not really a surprise given vegetarianism is more often seen as a diet whereas veganism tends to cover more aspects of a person’s life and purchasing decisions (e.g. visiting zoos, buying leather/glues etc.).
Contact
Sam Sharp
Senior Associate
sam.sharp@brownejacobson.com
+44 (0)115 908 4812
You may be interested in...
Legal Update - Food and drink regulatory update
Food for Thought: Food and drink regulatory update - Spring 2024
Legal Update
Forest Risk Commodities regulations: Steps food businesses should take
Legal Update
Artificial intelligence – shaping a sustainable future
Legal Update
Veganism and manufacturing: M&A trends
Legal Update
Veganism and manufacturing: Supply chain issues
Legal Update
Veganism and manufacturing: IP protection
Legal Update
Veganism and manufacturing: Advertising pitfalls
Legal Update
Veganism and manufacturing: Protected characteristics from discrimination in employment law
Legal Update
Veganism and manufacturing: Plant based diets, environmental sustainability and the future of farming sustainability
Legal Update
Browne Jacobson and FDF: Leading conversations on diversity and inclusion
Press Release
Nearly two-fifths of UK adults are discouraged from purchasing plant-based products due to cost, according to new report
Press Release
One in five UK adults have confused plant-based products with real animal products, according to new report
Legal Update - Food and drink regulatory update
Food for Thought: Food and drink regulatory update - Autumn 2023
Legal Update - Food and drink regulatory update
Food for Thought: Food and drink regulatory update - Summer 2023
Opinion
New bill reaches tipping point: bill on allocation of tips at final stages
Press Release
Browne Jacobson advise on merger of leading UK frozen food wholesalers Hopwells and Windsor Foodservice
Press Release
Browne Jacobson’s North-West banking specialists advise ThinCats on £10m facility to arcade bar operator NQ64
Opinion
Practical points from High Court ruling that Tesco has infringed Lidl’s IP rights in its famous yellow circle logo
Press Release
Browne Jacobson act on the sale of UK’s largest tech enabled confectionery distributor and wholesaler IBG
Press Release
Law firm Browne Jacobson appointed to work alongside the Government Legal Department - the Department for Environment, Food & Rural Affairs
Opinion
Cameras in convenience stores: a potential hornet’s nest..?
Opinion
Compliance - small businesses and new regulation
The Federation of Small Businesses (FSB) has released a report setting out the impact of new and changing regulations arising from the pandemic on small businesses across the UK.
Legal Update
The Omnibus Directive is almost here
Opinion
Covid-19 rent arrears – the questions that remain
The Government appears set to announce plans on ‘living with Covid to restore freedom’. With the success of the retail and hospitality sector key to recovery, what protections will be on offer to tenants to deal with Covid-19 rent arrears?
Legal Update
New year, new Brexit transport rules
From 1st January, new import rules come into effect, with potential for significant delay, disruption and cost for importers and exporters.
Opinion
Dealing with Covid Rent Arrears – an overview but no specifics
Following on from our recent article on the release of the updated Code of Practice for dealing with commercial rent arrears that have accrued throughout the pandemic, we continue to highlight what the overall principles seek to ensure - fairness and proportionality for both landlords and tenants across each step of the arbitration process.
Published Article
O/281/19 Revocation (Device Marks) – 23 May 2019
This decision is a good example of how the IPO approaches non-use challenges, and an insight into the economics of gift shops at public parks.
On-Demand
Parallel Imports - what brand and IP owners need to know
Parallel importers seek to exploit price differentials for goods sold in different countries. The EU principle of exhaustion of rights prevents businesses from enforcing their IP rights to restrict this secondary trade within the EU if the goods were first marketed in the EU with their consent, other than in limited circumstances.
Press Release
Browne Jacobson advises Mobeus Equity Partners on £3m Parsley Box investment
Legal Update
Modern Slavery Act - reporting obligation
What should your employees do if an incident of modern slavery is identified within your organisation or its supply chains?
Legal Update
Are you ready for the Modern Slavery Act 2015? ‘Commercial Organisations’ analysis
What “commercial organisations” does the MSA apply to?
Legal Update
Are you ready for the Modern Slavery Act 2015?
Browne Jacobson has been watching with interest as the Modern Slavery Act 2015 has evolved.
Legal Update
The Modern Slavery Act 2015
The Modern Slavery Act 2015 requires certain organisations which carry on a business or part of a business in the UK to disclose what activity they are undertaking to eliminate slavery.