By Lisa Rix - 29 January 2020
At the end of 2019, the courts decided that ethical veganism is a protected philosophical belief under discrimination legislation. This decision has led to very strong opinions from lawyers, the public and the press as to what this means for employers and people’s rights more generally.
The judgment has also got a lot of people asking: what do you actually need in order for a belief to be protected by equality laws?
Philosophical belief factors
The courts have given us the following guidance as to whether a belief can be classed as a protected ‘philosophical belief’:
What have the courts said is and isn’t a philosophical belief?
Over the years, the courts have had to decide whether a wide range of beliefs are protected under equality law. Here are a few examples
What should employers bear in mind in relation to employees’ philosophical beliefs?
There are likely to be further cases in this area, so employers should be sensitive to beliefs that might not seem at first glance to be protected. Employers should consider the factors above and if there is a chance that the belief is protected, employers should be careful to ensure it is respected and that the employee is not disadvantaged because of their belief.
A protected belief is not a blank cheque for an employee to make demands and employers may have legitimate reasons in certain circumstances for treating employees with a protected belief in the same way as other employees, even if the employee perceives that as putting them at a disadvantage. Caution should always be taken in such cases.
Employers should also take comfort in remembering that merely holding a belief and proselytising about that belief at work are two separate things, with the latter not being protected.
Take a look at what employers should be thinking about in light of the most recent finding on ethical veganism.