Is Ethical Veganism a Protected Characteristic?

The Equality Act 2010 protects employees against discrimination based on nine protected characteristics- one of which is "religion or philosophical belief". Would ethical veganism be considered a philosophical belief, and therefore be protected under this Act?

In the case of Owen v Willow Tower Opco, an employee was dismissed after refusing to have a covid vaccination even though she was not exempt. Her reasoning for not having the vaccine was that it was not clear if it was tested on animals or contained animal products, and she was ethically vegan.

In the Employment Tribunal, she failed to show that she genuinely held this belief, as she could not state when she had become vegan, or demonstrate any lifestyle changes made to support her veganism. She also used non-vegan products for cleaning in her role.

In cases like these, the Employment Tribunal will use five key criteria to determine whether something is a philosophical belief. The belief must:

• be genuinely held

• not just be an opinion or viewpoint based on the present state of information available

• relate to a weighty and substantial aspect of human life and behaviour

• attain a certain level of cogency, seriousness, cohesion and importance

• be worthy of respect in a democratic society, and not incompatible with human dignity or in conflict with the fundamental rights of others.

If an employee can demonstrate that all of these elements apply to their veganism then it could be considered a protected characteristic under the Equality Act 2010.