In the discrimination lawsuit, Tracy Owen claimed that her vegan diet is the same thing as being a philosophical vegan. In her ruling, the judge said: 'I accept Ms. Owen follows a vegan diet and avoids using some products that are not vegan. However, I cannot conclude that she genuinely holds a belief in ethical veganism'.
THE TELEGRAPH: Tracy Owen, a care home worker, claimed that she should be exempt from having the Covid vaccine as it had been tested on animals and so went against her philosophical belief as a vegan.
When all care home staff were required to have the vaccine by law in November 2021, Ms Owen was fired from her role “in the absence of any exemption”. She launched a legal case against Willow Tower, the London-based company that runs the care home.
The tribunal heard that she started working at a Sunrise care home in the north west of England in February 2016. In June 2021, the care home decided all staff and contractors in the building should have the Covid vaccination after family members of patients raised concerns.
In August Ms Owen raised a grievance, complaining of harassment, victimisation and discrimination surrounding her working hours – but no mention of ethical veganism. Bosses responded, informing her of a “temporary change” to her duties in light of the upcoming new law enforcing all care home staff be vaccinated from Nov 11. Ms Owen was told that if she was still unwilling to have the vaccine, she would be “re-deployed” in the kitchen or laundry department.
At a grievance hearing, held in Manchester, Ms Owen claimed that due to her vegan diet she would be “exempt from the vaccine”. On Nov 12, the day after it became mandatory for all CQC registered care home staff to become vaccinated, Ms Owen was sent a letter confirming termination of employment “in the absence of any exemption”.
Ms Owen claimed she had been discriminated against for being an ethical vegan and the Covid vaccine went against her beliefs as it had been tested on animals. However, the tribunal questioned the strength of Ms Owen’s veganism as she couldn’t recall when she had become vegan other than it being “a long time ago”.
Upon questioning, she gave “limited evidence” on how she practises her vegan lifestyle, and claimed a vegan diet “is the same thing” as being a philosophical vegan. Employment Judge Rachel Mellor said: “I accept she follows a vegan diet, and she avoids using some products that are not vegan, however, I cannot conclude that she genuinely holds a belief in ethical veganism.
“She gave no examples of ways in which her daily life is structured to adhere to her belief…Her main criticisms of the vaccine appeared not to be connected to veganism, but that it is experimental and may contravene health and safety legislation. This is inconsistent with ethical veganism being a belief; if it was a genuinely held belief I would have expected that to exercise her more than it apparently did in the evidence I have seen.”
The judge ruled Ms Owen’s veganism was not a protected characteristic so was thrown out, along with her unfair dismissal claim. SOURCE…
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