Landmark ruling for vegan rights in Denmark - what does this mean for UK employers?

In January 2024, a Danish court ruled that veganism is protected under Article 9 of the European Convention on Human Rights, recognising that denying vegan meals in schools constitutes indirect discrimination. This landmark decision underscores the importance of vegan-inclusive workplaces, as employers must ensure they accommodate vegan employees' moral convictions to comply with human rights and anti-discrimination laws. Although the ruling doesn't directly impact UK law, similar decisions have been made by the UK courts, and it highlights a growing understanding across Europe about the needs and rights of vegans.

Introduction

In January 2024, a Danish court ruled that vegans are protected under Article 9 of the European Convention on Human Rights (“ECHR”, “the Convention”). The case was brought by the Vegetarian Society of Denmark on behalf of a family whose child was refused vegan meals at school, and simultaneously not allowed to bring a packed lunch from home. 

The court recognised that the school’s catering rules effectively prevented the child from eating a diet that aligned with their moral convictions, and therefore, caused indirect discrimination. The decision of the court was grounded by Article 14 of the European Convention on Human Rights, which establishes the prohibition against discrimination, in conjunction with Article 9, which reiterates the international human right to freedom of thought, conscience, and religion (commonly referred to as the right to freedom of belief). The court stated in this case, that “vegans must not be treated worse than people without vegan convictions who are in a similar or comparable situation”. 

This case is the latest in a series of positive outcomes for vegans. Veganism was found to be within the legal meaning of the right to freedom of belief in 1993. Vegans in Italy and Germany can be protected under their respective national constitutions, and vegans in the UK were recently confirmed as having a protected characteristic for the purposes of the Equality Act 2010, which imposes requirements on employers and service providers, among others . 

The Danish ruling does not have legal implications for UK law. However, what is sometimes overlooked in the UK, is that the European Convention on Human Rights is still applicable in the UK despite Brexit. This is because, although the UK left the European Union, it remains a member of the Council of Europe and a signatory to the European Convention on Human Rights and is bound by its articles. 

In the remainder of this article, we’ll explain why vegans must not be treated worse than people without vegan convictions, whether that’s at work, at school, or in accessing services. We’ll explain that this is based on legal principles grounded in Article 9 and Article 14 ECHR.

What is the European Convention on Human Rights?

The ECHR promotes the rule of law, human rights and democracy across Europe. It is the formative collection of legal provisions outlining the rights and freedoms of individuals in Europe. A primary function of the ECHR is to limit state interference in the private lives of individuals: any interference in the rights and freedoms of individuals must be justified as necessary in the interests of democracy. Even if justified, interference must go no further than what is proportionate to achieving a legitimate aim. This legal framework aims to balance the rights of people with the needs of democracy and prevent arbitrary and unlawful conduct by state bodies. 

The Articles of the ECHR are given effect in the UK in the Human Rights Act 1998. Section 6 stipulates that it is unlawful for public bodies (including public sector employers) to act in a way that contravenes the Convention. Acting in a way that contravenes the Convention can include omitting to act, which means that public bodies have both negative and positive duties to ensure that individuals are able to enjoy the rights guaranteed by the Convention.

Similar requirements also apply to private sector employers under UK equality law (see below).

What is Article 9?

Article 9 says that people have the absolute right to their beliefs, whether they are convictions of conscience or faith, and that governments can only interfere in someone’s practice of their beliefs if there is a law that is required for important reasons, such as for public safety, public order, public health, or morals, or to protect the fundamental rights of others. The reasons for interference are strictly limited.

What is Article 14?

Article 14 prohibits discrimination and requires that everyone has equal access the rights and freedoms granted by the Convention. 

How do these principles and Articles feature in employment contexts?

Vegans in employment have various needs. For example, vegan firefighters, prison and police officers need uniform items, shoes, boots and gloves that are not made from the skin of nonhuman animals. Vegan employees in other sectors also need access to appropriate footwear - laboratory workers, construction workers, nurses, warehouse staff and postal workers for example. 

Vegans are likely to feel uncomfortable at least, and distressed at worst, if they are required to undertake tasks that require them to compromise their moral convictions. Example tasks could be handling meat and dairy products, delivering materials to slaughterhouses, ordering cages and research equipment for use in laboratory research, or being required to attend non-inclusive corporate events such as team building days at “the races”.

Article 9 and Article 14 require public sector employers to ensure that they do not dismiss the needs of vegan employees as insignificant or unreasonable. To avoid breaching Convention rights, they must ensure that the needs of all employees, including vegans, are considered, and take steps to ensure that employees are not unreasonably restricted in their practice of their beliefs and convictions. 

How do these principles and legal provisions apply to private sector employers in the UK?

While human rights law is relevant to the way public sector employers manage their relationships with vegan employees, it also grounds European and retained European Union anti-discrimination law generally and specifically. As such, although human rights law and anti-discrimination law are different legal frameworks, the right to freedom of belief and the prohibition on discrimination feature in UK equality law, including the Equality Act 2010, which is applicable to private sector employers.

The Equality Act 2010

The Equality Act 2010 (EA 2010) protects people from discrimination in both public and private sector contexts. It is applicable in education, employment and in the provision of goods and services and  lists the following “characteristics” that are protected by its provisions:

• Age

• Disability

• Gender Reassignment 

• Marriage and civil partnership

• Pregnancy and maternity

• Race

• Religion or belief

• Sex

• Sexual orientation

Religion or belief

The protected characteristics “religion or belief” refers to any qualifying religion or belief (or lack of), and here is an important link to human rights: this protected characteristic looks to Article 9 of the European Convention on Human Rights for its definition and scope.

This means that since veganism is protected under Article 9 ECHR, it should also be protected under the Equality Act 2010. In 2020, this was confirmed to be the case. Judge Postle observed that the legal test to be met derived from the jurisprudence of the ECtHR, and that the relevant provisions of the Equality Act 2010 consciously mirror Article 9 of the Convention. Further, under the HRA 1998, domestic legislation must be interpreted to intend to give effect to Convention rights. Judge Postle stated that “it would be both bizarre and by reason of Section 3 of the Human Rights Act 1998 unlawful if a belief were recognised under the Conventions but not under the Equality Act 2010”.

Employers’ legal duties

The Equality Act 2010 prohibits direct and indirect discrimination, harassment and victimisation. Each of these categories has specific legal meanings that all employers must familiarise themselves with to avoid breaching their legal duties and to ensure that best practice policies are created for a vegan-inclusive workplace. 

The Danish court’s decision that vegans must not be treated worse than people without vegan convictions who are in a similar or comparable situation should give all employers food for thought because failing to give due regard to general workplace inclusivity and the needs of vegan employees, could amount to unlawful discrimination. However, public sector employers should be aware that the prohibition on discrimination is couched in stronger terms in the Public Sector Equality Duty. The Public Sector Equality duty, explained at section 149 of the EA 2010 requires public bodies to go further than merely avoiding discrimination. Given that the public sector must not act in contravention of the ECHR, it must take active steps to meet the needs of people with protected characteristics (including vegans) and foster good relations in the interest of dealing with prejudice.

An example of a recent case in the UK in which similar principles were applied in the UK was Ms K Reilly v RT Management Bridgeton Ltd. A vegan employee at a Subway franchise was subjected to harassment and bullying by her manager in relation to her veganism, including him waving meat in her face, telling her to “eat like a man,” and that “NASA should send you back to Mars.” She also witnessed him serve non-vegan cheese to vegan customers. She won her case after the Employment Tribunal agreed that she had been harassed in breach of the Equality Act 2010 and was awarded £13,000.

Conclusion

While the Danish court’s ruling on vegan rights does not directly impact UK law, it reflects formative legal principles and common understandings related to the international right to freedom of belief under Article 9 of the ECHR and the principle of equality. Sketching out valuable insights on the basis for the Danish ruling and how the formative principles feature in UK law and recent case law on veganism is valuable to UK employers for the creation of compliant equality policies and a successful vegan-inclusive workplace environment.