Case 3331129/2018 · Employment Tribunal
Mr C Milsom, Counsel For the v Respondent — 2020
- Case reference
- 3331129/2018
- Decision date
- 6 March 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Postle Appearances
- Venue
- Norwich
Parties
1 namedClaimant
Mr C Milsom, Counsel For the
Respondent
- —
Key findings
Tribunal's reasoningThe tribunal heard a preliminary issue at Norwich on 2 January 2020, with oral evidence on 3 January 2020, to decide whether ethical veganism can amount to a philosophical belief protected by section 10 of the Equality Act 2010. The respondents conceded the issue, but the tribunal still examined the evidence, including the claimant's witness statement, evidence from Dr Jeanette Rowley of the Vegan Society, a statement from Professor Geoff McMahon, and the authorities directed to it. The claimant and Dr Rowley were not cross-examined.
The tribunal accepted that the claimant became vegan in 2000 and that ethical veganism shaped his diet, clothing, products, travel, work, and social life. It found that he took reasonable steps to check ingredients and animal involvement, avoided animal products where possible, and organised his home and day-to-day conduct around the belief. On that evidence, the tribunal was satisfied that the belief was genuinely held and was not merely an opinion or viewpoint.
Applying section 10, the Williamson criteria, Granger Plc v Nicholson, and paragraph 2.59 of the EHRC Code of Practice, the tribunal held that ethical veganism concerns a weighty and substantial aspect of human life and behaviour, has the required cogency, seriousness, cohesion, and importance, and is worthy of respect in a democratic society and compatible with human dignity and the rights of others. It therefore found that ethical veganism is capable of amounting to a philosophical belief and thus a protected characteristic under the Equality Act 2010, and it directed that the full merits hearing proceed. No substantive liability or remedy was decided at this stage.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Preliminary hearing only; the tribunal held that ethical veganism is capable of amounting to a philosophical belief protected under section 10 of the Equality Act 2010. No substantive liability or remedy was decided. | Upheld | Religion or belief | — |
Legal tests applied
4 references- Section 10 Equality Act 2010
- R (Williamson) and Others v Secretary of State for Education and Employment
- Granger Plc v Nicholson
- EHRC Code of Practice para 2.59
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
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