Mr M Baldaccini v Special Ambulance Transfer Service Ltd — 2023

The claimant worked for the respondent as an independent contractor. A previous preliminary hearing had determined that his ethical veganism was a philosophical belief within section 10 of the Equality Act 2010 and that his opposition to the covid-19 vaccine derived from that belief.

The direct discrimination complaint concerned the respondent not providing driving shifts after 11 November 2021. The tribunal dismissed that complaint. For indirect discrimination, the tribunal found that the respondent's practice of not offering shifts to persons who were not vaccinated and did not have a medical exemption put the claimant at a disadvantage.

The tribunal accepted the respondent's legitimate aim of avoiding breach of legal obligations and avoiding unexpectedly letting customers down. It found there was no realistic alternative to refusing to offer the claimant the shifts, that the respondent had offered some alternative events work, and that the PCP was a proportionate means of achieving a legitimate aim. All direct and indirect discrimination complaints failed, so remedy did not need to be considered.