Ethical veganism could be considered 'protected belief' akin to religion in landmark case

Jordi
Jordi Casamitjana wants ethical veganism to be considered a belief akin to a religion 

Ethical veganism could be given the status of a protected belief in a landmark employment tribunal, as experts have said “it is more than just a lifestyle choice”.

Jordi Casamitjana, an ethical vegan, has claimed that he was fired by the League Against Cruel Sports after raising concerns that its pension fund was being invested into companies involved in animal testing.

He has said that he was unfairly disciplined for making the disclosure and that the charity’s decision to dismiss him was because of his philosophical belief in ethical veganism.

Unlike dietary vegans who just eat a plant-based diet, ethical vegans exclude all forms of animal exploitation by not wearing clothes made of wool or leather and not using products tested on animals.

Mr Casamitjana's lawyers said ethical veganism "comfortably" satisfies the series of tests required for it to be classed as a philosophical or protected belief, meaning it would be protected under the Equality Act 2010.

These tests include being worthy of respect in a democratic society, not being incompatible with human dignity and not conflicting with fundamental rights of others.

Acting on behalf of Mr Casamitjana, Bindmans LLP solicitor Peter Daly said: "Ethical veganism is more than simply a dietary choice.

"It is a particular and well-defined philosophical view about the relationship between humans and animals. It is based on well-considered and substantial philosophical thinking."

Dr Suzanne Owen, a reader of religious studies at Leeds Trinity University, supported the argument and said Mr Casamitjana “has a very strong case.”

Dr Owen, who assisted members of the Druid Network in 2010 when they successfully argued that they were a religion to the Charity Commission, said: “Veganism can be coherently presented as a belief, because of the ethical dimension that Mr Casamitjana can, and probably will, articulate.

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In 2010, the Druid Network successful argued to the Charity Commission that they were a religion Credit: Matt Cardy/Getty Images Europe

“There is lots of literature that can inform his view on veganism as an ethical belief and there is definitely enough for him to draw on to form a case.

“Veganism is more than just a lifestyle choice. It has got a whole orientation and practice. These beliefs inform a way of practice and I think that’s what makes it a belief, rather than a viewpoint. It informs how you behave and how you relate to others."

According to Dr Owen, the only test that Ms Casamitjana’s ethical veganism case might struggle to pass is that it must be “a belief, not an opinion or viewpoint based on the present state of information available.”

“It’s about whether it’s belief or an opinion, which is the area that will be the hardest for the case to decide upon. There are strong beliefs involved with those who are ethical vegans, so it depends on how they present their case,” Dr Owen added.

Jordi Casamitjana
Jordi Casamitjana pictured protesting against Bullfighting during a demonstration march which ended outside the Spanish embassy in London Credit: Avpics / Alamy Stock Photo/ www.alamy.com

Mr Casamitjana said the hearing was not primarily about his dismissal, but about establishing ethical veganism as a philosophical belief.

He added: "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."

But the League Against Cruel Sports said it “fairly dismissed” Mr Casamitjana for gross misconduct and that linking the decision to his veganism was "factually wrong".

In a statement posted on their website, they said: “The Claimant in this case was dismissed for gross misconduct and for failing to follow express management instructions that were given to him.  

“This had nothing to do with his beliefs, protected or otherwise.  In view of the lack of service to bring an ordinary unfair dismissal claim, the Claimant is making a desperate attempt to link his fair dismissal to his stated belief in ‘ethical veganism’ which the League Against Cruel Sports categorically refutes.”

Commenting on Mr Casamitjana's claim that their pension fund was being invested into companies that tested on animals, a spokesman said: “In 2015 the Financial Conduct Authority (FCA) changed their guidelines regarding opt-in pension schemes and none of the ethical pension funds available to us could be used for auto-enrollment."

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