16.12.2019

It’s official – vegetarianism is a lifestyle choice!

While an increasing number of UK citizens are choosing to become vegetarian, a recent court case ruled that it was a ‘lifestyle choice’ and not a belief that qualified for protection under the Equality Act.

In the recent case of Conisbee v Crossley Farms Limited and Others, the Claimant argued that he had been discriminated against on the grounds of his vegetarianism. He alleged that a colleague had called him “gay” because of his vegetarianism.

In dismissing the claim, the Employment Tribunal determined that vegetarianism is not a Protected Characteristic for the purposes of the Equality Act 2010, because it determined that it was not a Philosophical Belief.

In order for something to be held as a philosophical belief, it must:

Be genuinely held and not be a mere opinion or viewpoint;
Be a weighty and substantial aspect of human life and behaviour;
Attain a certain level of cogency, seriousness, cohesion and importance, and be worth of respect in a democratic society; and
Be compatible with human dignity and not conflict with the fundamental rights of others.

The claimant was unable to satisfy all the above criteria to the satisfaction of the Tribunal.

There are many reasons why an individual may choose to be vegetarian; it may be for religious reasons or may be because they do not agree with eating meat.

As a result, the tribunal struggled to determine that the claimant’s decision was nothing more than a viewpoint that could be subject to change, unlike a religious belief.

Although the law does not indicate that an employer must specifically cater for each employee’s dietary requirements, it may be good practice to offer alternatives at work functions or lunches.

Religious reasons to avoid meat

If an employee has a dietary requirement based on their religious beliefs, then it is possible there may be risks with religious discrimination claims.

A Muslim Employee who only eats Halal Meat may claim for discrimination if no appropriate options are available to them in the staff canteen. This isn’t to say an Employer must cater for every specific requirement, as having a vegetarian option available will usually suffice.

This also applies to alcohol at work events and there should be some sensitivity observed for social events, ensuring that alcohol-free options are available.

The guidance here is to be considerate. If you have Employees with dietary requirements for religious reasons then you should bear that in mind, be sensitive to the issue and ensure that options are available.

Vegetarian options should be available as a minimum, however if a large portion of the workforce has specific religious dietary requirements then it may be proportionate for the employer to cater for those specifically.

Finally, if a specific role contains a requirement to handle certain foodstuffs; for example, a restaurant Chef or school cook, being required to handle meat, then the employer may want to specify this in the job description and application process to avoid any potential discrimination.

Tina Chander is a partner and head of the Employment team at leading Midlands law firm, Wright Hassall and deals with contentious and non-contentious employment law issues. She acts for employers of all sizes from small businesses to large national and international businesses, advising in connection with all aspects of employment tribunal proceedings and appeals.