In Ms T Owen v Willow Tower Opco 1 Ltd an Employment Tribunal has ruled that the Claimant’s belief in veganism did not amount to a protected characteristic within the meaning of section 10 Equality Act 2010.
Ms Owen, who followed a strict vegan diet and avoided products that were tested on animals, launched a legal case against her previous employers, Willow Tower, following her dismissal. The staff at the care home were required to get Covid vaccinations and, following Ms Owen’s refusal on the basis that the vaccine went against her beliefs as it had been tested on animals, her employment was terminated.
In her written submissions to the Employment Tribunal, Ms Owen stated, “I declined the vaccine on the grounds that I am a Vegan. There was no clarification as to whether or not the vaccination contained animal products or indeed had been originally tested on animals. I object to the consumption of animal products on ethical grounds.”
The Tribunal found that Ms Owen’s evidence fell short in demonstrating the necessary depth of belief. While she adhered to a vegan diet and avoided some non-vegan products, including leather she was unable to specify when she adopted ethical veganism or provide extensive details about how her life was structured around this belief beyond her dietary choices.
Furthermore, when questioned around the use of wool, Ms Owens shrugged. The Tribunal also noted that she acknowledged using non-vegan products during her employment, albeit while wearing gloves. Moreover, the documentation submitted by Ms Owen lacked substantial references to her ethical veganism, with a greater focus on the experimental nature and potential health and safety concerns of the COVID-19 vaccine.
As a result, the Tribunal concluded that Ms Owen had not established a protected characteristic within the meaning of Section 10 of the Equality Act 2010, and her claim was dismissed.
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