protected characteristics – The Equality Blog

Include ‘ethical veganism’ in diversity policies, experts warn

Below is a recent article by Maggie Baska for People Management regarding a high profile case where experts are subsequently advising organisations to include ‘ethical veganism’ in diversity policies. I am interested in what policy writers think about this?

‘Lawyers advise businesses to give the lifestyle choice the same protection as other beliefs after tribunal rules it falls under discrimination laws. Employers should look to review their diversity policies to include ‘ethical veganism’, employment laywers have said, after an employment tribunal (ET) ruled it is a philosophical belief that is protected by discrimination law.

The ruling came from the Norwich ET as part of a wider unfair dismissal case brought by Jordi Casamitjana (pictured), a former employee of animal rights charity the League Against Cruel Sports (LACS), who claimed he was unfairly sacked after he raised concerns that its pension fund was invested in companies involved in animal testing.

Casamitjana argued that his ethical veganism – which covers his broader lifestyle rather than just diet – was an integral part of his life, and this therefore made his dismissal discriminatory.

The judgment does not settle Casamitjana’s unfair dismissal claim, but it does lay the ground for a substantive hearing into his case.

Experts said the ruling widened the scope of the Equality Act, and employers needed to take a close look at their existing policies to ensure ethical vegans were afforded the same protections as employees with other religious or philosophical beliefs.
While both dietary and ethical vegans eat a plant-based diet, excluding all animal-based foods or byproducts, ethical vegans exclude all forms of animal exploitation including avoiding clothing made from wool or leather, or toiletries from companies involved in animal testing.

Victoria Albon, associate at Dentons, said it was not surprising the tribunal found ethical veganism was protected, and said the definition of a philosophical belief was “open to a fairly wide interpretation”, highlighting a tribunal ruling in 2009 that found belief in man-made climate change should be classed as a belief and protected under the Equality Act.

The Act says a philosophical belief must be genuinely held – not just an opinion or viewpoint. It must also be cogent, serious and apply to an important aspect of human life or behaviour. This belief must be worthy of respect in a democratic society and not affect other people’s fundamental rights.

Although it could still be appealed, the ruling provides useful commentary on the level of legal protection that ethical vegans should receive in the workplace. But Carl Atkinson, partner at law firm Gunnercooke, told People Management tribunal judges in similar cases have been careful to state in their judgment that a case will be fact specific to the individual involved.

“It has become apparent that the way tribunals will judge if the belief system of a particular claimant is covered by equality law will depend on the specifics of that case, meaning one vegan could have a set of views that fall within the definition a philosophical belief while another did not,” Atkinson explained.

He said, in the present case, Casamitjana’s lawyers had published his witness statement online so it was apparent his veganism had become determinative of the way he lived his life.

While all vegans might not be protected by the recent ruling, Kate Palmer, associate director of advisory at Peninsula, advised businesses to review how they supported ethical vegans in their company and if any changes were required.

“It should be remembered that no employee should feel mistreated at work,” Palmer said. “Aside from the potential legal implications as seen here, catering for a diverse workforce can be critical in both attracting and retaining key talent.”

Casamitjana’s unfair dismissal case is still being heard by the tribunal. Slater and Gordon, the law firm representing Casamitjana, said further hearings into the case are planned for February.

Rhys Wyborn, employment partner at Shakespeare Martineau and who acted for the LACS, said the company did not contest the issue of whether ethical veganism itself should be a protected belief, but said it was “irrelevant” to the core reason behind Casamitjana’s dismissal.

“The league is now looking ahead to the substantive hearing in this case and to addressing the reason for Casamitjana’s dismissal, which it maintains was down to his misconduct and not the belief he holds,” Wyborn said.

Casamitjana said he was “extremely happy” with the current ruling and added that he hoped fellow vegans “would benefit” from the tribunal’s decision.’

The full article from People Management can be found here.

Culture First, Diversity and Inclusion Second

Diversity and Inclusion is not just about compliance with legislation, it’s about leading change, implementing improvement initiatives and engaging, motivating and improving the potential of staff.

Sundar Pichai, chief executive officer of Google LLC, said of inclusion “A diverse mix of voices leads to better discussions, decisions, and outcomes for everyone.”

This is equally true of the boardroom as it is the operational side of an organisation and the distinction that equality is not just about compliance with legislation must be supported at board and executive level within an organisation in order for diversity and inclusion initiatives to have any real impact.

As such, the first job to improve diversity and inclusion in an organisation is to get board and executive backing. Furthermore, unless the culture of the organisation is right then no diversity programme will help. Consequently, before any diversity and inclusion initiatives are rolled out it is essential that the culture of the organisation is one which is receptive to change, to new ideas and inclusion.

Where an organisations culture does not yet lend itself to inclusive practices then wholesale organisational development is essential and any diversity initiatives will fail until that culture is fixed. Organisational design and re-structuring is the subject of a number of books for human resources leaders and beyond the scope of this post.

But, where you have a workplace culture which supports change and new ways of practising as well as the public support of the board or executive leadership then you can examine the current picture of diversity and inclusion in the organisation with a view to implementing an improvement strategy.

Good diversity and inclusion practice recognises that historically certain groups of people with protected characteristics such as race, disability, sex and sexual orientation have experienced discrimination. To that end, an organisations equality strategy must be about ensuring that every individual has an equal opportunity to make the most of their lives and talents.

Furthermore, really, a good equality, diversity and inclusion programme or strategy attempts to ensure that no one should have poorer life chances because of their gender, their race, the way they were born, where they come from, what they believe, who they love, or whether they have a disability.

As a final point, in order to improve diversity and inclusion in the workplace, it is absolutely vital that we don’t just think about the data; we need to collaborate with people because the organisations people – whether that be staff, customers or service users – are at the heart of all successful diversity and inclusion improvements. Only through working with their people can an organisation reduce bias in hiring, foster inclusivity and create feelings of belonging for employees of all backgrounds.

Staff Equality Networks

Staff networks can be a powerful tool for empowering minority groups to have an effective voice in an organisation. In the context of diversity and inclusion, a minority group is a group of individuals who are known to have been discriminated against on the basis of a shared characteristic. It is worth noting that these groups may not be a minority in terms of numbers as in the case of women, who are a minority group, despite comprising over half of the UK population.

According to Advance H.E. (formally the Equality Challenge Unit), staff networks may not work in every workplace and/or for all minority groups, and their viability and success will depend on the culture and demand within individual organisations.
Networks need to be led by the staff groups that they represent.

However, there is a role for institutions to facilitate and support the development of networks:

Involve staff and discuss the need for staff networks. This could be linked to specific times of year to maximise impact, for example discussing the possibility of a women’s network on international women’s day. A specific event gives the opportunity to discuss whether it is viable and to look for volunteers to take the network forward.
Provide a budget. From refreshment for meetings, to organising specific events or training and development, a budget of any size helps to ensure the network is sustainable and effective.
Ensure senior management are open to dialogue. Networks can provide a useful perspective on institutional practice. Consultation should be genuine and views of the network taken seriously.
Publicise networks to all staff. A dedicated area on your website/intranet means that all staff are aware of support and opportunities. Promote the networks during staff inductions to maximise membership and ensure all staff are able to benefit.
Create a culture of acceptance for participation. It can be intimidating to join a network and there can be a perception that members of networks are ‘troublemakers’.
Ensure line managers encourage staff to attend meetings in work hours. Senior management engagement can help to legitimise the group, and positive endorsement can underline that taking part is worthwhile.

Aims and Objectives

1. Sharing experiences and providing advice and support in a confidential safe space

Often a staff network is the opportunity staff members have to discuss the challenges they have faced at work. To meet this aim, it is likely that membership will be limited to people with the particular shared characteristic. Organisations need to carefully consider how, when and where the group will meet, and how to get a balance between giving an opportunity to share personal experiences while retaining momentum and developing positive solutions.

2. Working collectively towards improving institutional policies and practices and implementing change

Networks with this aim can be useful for their members and their institution. They can raise concerns from members, act as a consultation group for policies and practice and help to generate ideas and solutions. However, to be successful and to maintain momentum, the organisation has to listen to the network and genuinely involve them in decision making and policy review.

Terms of Reference

Networks can have a variety of terms of reference, depending on their aims and context. These may also develop over time as the group evolves. The language used in describing and naming networks can also be crucial in their success and who joins.

However you approach staff networks in your organisation it is important to remember that an effective staff network is one that is run by staff for the benefit of staff.

The Public Sector Equality Duty

Equality, Diversity and Inclusion is not just about compliance with legislation, it’s about leading change, improvement initiatives, engaging, motivating and improving the potential of staff. The Public Sector Equality Duty (PSED) brings this into law for all public bodies in the United Kingdom.

According to ACAS (the Advisory, Conciliation and Arbitration Service) the Public Sector Equality Duty requires public bodies and others carrying out public functions to have due regard to the need to eliminate discrimination, to advance equality of opportunities and foster good relations. The duty applies to all nine areas of discrimination listed in the Equality Act 2010.

As such, it’s about ensuring all stakeholders are at the centre of the services offered to the public and positively impacting upon the context and culture of the organisation whilst supporting public sector staff to design and deliver great service.

The role of the Public Sector Equality Duty is to eliminate unlawful discrimination, harassment, victimisation and any other conduct prohibited by the Equality Act 2010. To advance equality of opportunity between people who share a protected characteristic and people who do not share it foster good relations between people who share a protected characteristic and those who do not.

It is a requirement in law that public bodies such as the NHS, local government, police, fire brigades, schools, colleges, universities and others carrying out public functions follow the Public Sector Equality Duty. The full list of employers required to follow the PSED can be found in Schedule 19 of the Equality Act 2010.

The duty applies to individual employees, workers, contractors and customer and all nine areas of discrimination listed in the Equality Act 2010 – referred to as protected characteristics – meaning that employers need to consider:

age
disability
gender reassignment
pregnancy and maternity
race
religion or belief
sex
sexual orientation
marriage and civil partnership

Note: For marriage and civil partnership, the Public Sector Equality Duty only requires employers to have due regard to the need to eliminate unlawful discrimination.

This ensures that public bodies consider the needs of all individuals in their day to day work – in shaping policy, in delivering services, and in relation to their own employees.
JD