As you may know, certain beliefs are protected under law. This means, if you suffer discrimination because of belief, you can make a claim.
Just recently, there was a case where a vegetarian felt so bullied that he left his job. When he took his employer to the employment tribunal, Judge Robin Postle ruled that vegetarianism is not protected – but veganism might be.
Here’s what happened.
George Conisbee was working as a waiter at the Fritton Arms Hotel in Suffolk. He claimed that colleagues picked on him for being a vegetarian. For example, they would give him snacks that contained meat, including a croissant that that been basted in duck fat, and a sponge pudding that contained gelatine.
He resigned after he was told off in front of customers for wearing a shirt that hadn’t been ironed.
Because George had only worked at the hotel for four months, he couldn’t bring a claim for constructive or unfair dismissal, so he brought a discrimination claim.
The Norwich employment tribunal had to decide whether vegetarianism met the legal definition of being a philosophical belief. However, the panel decided that it was a lifestyle choice, and George’s claim was dismissed.
While 20% of the world’s population are vegetarian, the Judge ruled that there were “numerous, differing and varied reasons” for this. By contrast, he said there is a “clear cogency and cohesion in vegan belief”, so it might qualify for legal protection.
What beliefs are protected?
Beliefs that are protected in law include religious and political beliefs (and any characteristics that are protected under the 2010 Equality Act).
Here are some beliefs that have been tested in court and found to be protected:
- “Mankind is heading towards catastrophic climate change”
(Grainger plc v Nicholson) - “An individual should not tell lies under any circumstances”
(Hawkins v Universal Utilities Ltd t/a Unicorn)
And here are some beliefs that were found NOT to be protected:
- “Homosexuality is contrary to God’s law and nature”
(Ellis v Parmagon Ltd) - “No Jewish people were killed by the use of poison gas in concentration camps during the Second World War” (Ellis v Parmagon Ltd)
As you can tell, the difference between which beliefs are protected and those that are not can be subtle. We’re experts in this field. If you feel you have been discriminated against because of your beliefs, please give us a call. We’ll be happy to help.
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