Philosophical Beliefs as Protected Characteristics in British Discrimination Law

Abstract

Instead of addressing all nine protected characteristics provided for by the Equality Act 2010, this chapter is modest in that it only addresses the protected characteristics of religion or belief. Divided into three sections, this chapter analyses the concept of philosophical belief as a protected characteristic under British discrimination law. The first section provides an in-depth analysis of the Casamitjana Costa case, which consists of the backcloth of the case, its facts and the legal conditions to be met for “ethical veganism” to qualify as a “protected characteristic” under the legislation. This case will form the link to the second section for the subsequent discussion on which cases tribunals and courts have upheld or rejected the concept of philosophical belief. These will lead to the third section, which epitomises the chapter content by summing up the case law and the impact such case law is having on employers. Submissions on how employers should act in relation to the legal evolutionary tract will round off the chapter content.