Rights
VEGANS PROTECTED FROM DISCRIMINATION BY LAW
On 4 January 2020, an employment tribunal confirmed that a genuinely held belief in ethical veganism meets the legal test for the protection of equality law. This ruling also subsequently confirms that both the public and private sectors are under a legal duty to give due regard to the needs of vegans, for example in education, hospitals and in wider health care, the workplace and as consumers of goods and services. Our Vegan Rights Advocate, Dr Jeanette Rowley, regularly invokes law in her work supporting vegans in need. Jeanette was involved in the case and provided evidence in support of the legal status of veganism. The judge, having examined the submissions the previous day, reached his decision in little more than an hour. The strength of the evidence presented clearly showed veganism to be a way of life that is cogent, important and worthy of respect. As such, vegans hold what is referred to as a ‘protected characteristic’ for the application of the Equality Act 2010.
Equality Act The Equality Act 2010 provides protection from direct discrimination, indirect discrimination, harassment and victimisation. A vegan could be a victim of direct discrimination if they were treated worse than someone else simply because they are vegan. Although there are sometimes occupational requirements that result in the exclusion of some applicants, an example of this type of discrimination is where vegans are explicitly excluded from
applying for a job. Indirect discrimination can be caused when an apparently neutral policy is disadvantageous to vegans. An example of this could be where an employer has a policy that requires all employees to select safety equipment from the company catalogue. If the catalogue does not contain any vegan-friendly safety boots, the policy fails to accommodate vegans and causes them a disadvantage. In such a situation, a vegan can speak to a relevant person at work and request that the policy be amended. The employer, being under a duty not to discriminate against those with protected characteristics, must amend the policy unless it can be objectively justified.
Guide for employers In terms of harassment, employers must take care to ensure that workplace banter is not offensive. Vegans in the workplace are entitled to a safe and harmonious workspace, and this includes not being the subject of unreasonable comments and jokes about veganism. If a vegan has an equality matter that they wish to discuss with their employer, they must not be treated badly for doing so. If they are, this could result in a claim of victimisation. It is also important to note that vegans can be protected by equality law even if they are new vegans, still learning and getting used to a new ethical lifestyle. Our new publication Supporting Veganism in the Workplace: A Guide for Employers can be found at www.vegansociety.com/employer-booklet. For more information and support, please contact Jeanette Rowley by emailing us at knowyourrights@vegansociety.com.
Issue 2 2020 The Vegan | 23
