Harassment of vegans in the workplace
Vegans are no strangers to harassment and bullying at work, with a 2019 survey finding that nearly a third of vegans had experienced it in some form. But what is harassment, how do vegans experience it and what can employers do about it?
What is harassment?
Harassment is a form of direct discrimination recognised to be particularly harmful. As such, it is listed as a separate category of prohibited conduct under the Equality Act 2010. It has a specific meaning and is broad in scope.
What does the law say?
Section 26 of the Equality Act 2010 says that:
A person (A) harasses another (B) if—
(a) A engages in unwanted conduct related to a relevant protected characteristic, and
(b) the conduct has the purpose or effect of—
(i) violating B's dignity, or
(ii) creating an intimidating, hostile, degrading, humiliating or offensive environment for B.
What type of acts might constitute harassment?
Harassment can happen when unwanted conduct takes place. Unwanted conduct can include things like bullying, “banter”, spoken words, facial expressions and gestures, the production, display and circulation of written words, pictures, or other materials, including in emails, posts on social media and tweets.
Who decides if harassment has taken place?
Ultimately only a court can decide if harassment has taken place based on all the facts and evidence. However, the perception of the victim is key. The subjective feelings of the victim are taken into account along with other circumstances, and whether it is reasonable for them to feel that their dignity was violated and/or they suffered an intimidating, hostile, degrading, humiliating or offensive environment.
An example involving veganism
In 2022, an employment tribunal in Scotland ruled that a line manager’s conduct at a Subway franchise was unwanted and created an intimidating, hostile, degrading, humiliating and offensive environment for the vegan member of staff.
The tribunal heard that the line manager had used dairy cheese when vegan cheese was ordered and, when challenged by the vegan staff member, had also given an instruction that dairy cheese should be used in place of vegan cheese if the vegan cheese had run out. The line manager had laughed and made jokes about the claimant’s veganism and had encouraged them to eat meat and handle meat products and had waved meat products close to the claimant’s face.
These facts were relevant to the vegan’s successful claim of harassment under section 26 of the Equality Act 2010 and to the claimant being awarded compensation of £10,000 for injury to feelings.
What should I do as an employer if there is harassment in the workplace?
Listen & investigate: acknowledge the complaint, without judgement, and take the feelings of the team member seriously. Reassure them that their concerns will be addressed and will be treated with confidentiality, and discuss supportive measures if needed. Ask for details about what happened (what, when, where, who), and consider these alongside the legal meaning of harassment (above) or any other areas of concern in your existing policies.
Deal with unwanted behaviour: Communicate with those involved clearly and directly. Ensure they are aware that distress has been caused and that this is unacceptable in the work environment. Initiate appropriate disciplinary procedures if needed.
Learning for next time: Consider whether further DEI training is needed or whether anti-harassment policies need updating or creating. Let your team know that they are safe to call out unwanted conduct and it will be dealt with sensitively, and continue to monitor workplace culture.
Where can I read more about harassment?
Search facilities and resources:
· Equality and Human Rights Commission
· ACAS
Technical Guidance:
· Equality and Human Rights Commission
Advice:
· Equality Advisory Support Service (EASS)
This article is not intended as legal advice and is for general information purposes only. If you require specific advice, we’d recommend reaching out to a solicitor.