Vegans could dodge 'no jab no job' rules amid 'discrimination' concerns

30 July 2021, 10:11

Vegans could avoid 'no jab no job' rules over ethical concerns

By Tim Dodd

Ethical vegans may be able to avoid compulsory workplace vaccination says employment law barrister Daniel Barnett, as their 'beliefs amount almost to a religion' so receive legal protections.

It comes amid reports that more than half a million vegans will be exempt from compulsory workplace vaccination as their beliefs are a 'protected characteristic' under employment law.

Daniel Barnett, who hosts LBC's Legal Hour, told Nick Ferrari:

"Well, ethical veganism is a fairly extreme form of veganism. It's one for example where someone wouldn't sit on a seat in a tube train because the seat contains leather.

"The argument is that those who are ethical vegans have some form of protection because their beliefs amount almost to a religion. And as a result, bosses can't discriminate against them by getting them to have a vaccine that's been tested on animals."

Read more: Boris Johnson under pressure to allow double jabbed to escape isolation sooner

Vegan Society lawyer on why veganism should be considered a belief

Mr Barnett then outlined the counter argument:

"The law says that when someone has a protected characteristic such as ethical veganism, the employer's got to balance the employee's rights against the business' rights, and the business will often have a vested interest in limiting the transmission of the virus and in making sure that the workforce as a whole is vaccinated."

Read more: Nearly 700,000 people 'pinged' by NHS Covid app in a week

Mr Barnett then explained that come autumn when care home staff in England will need to receive two doses of a Covid vaccine, ethical veganism was not listed in the list of possible exemptions.

"If an ethical vegan resigns or says they've been discriminated against they'll bring a tribunal claim," said Mr Barnett.

"The problem for employers is it's risk, it's uncertainty. They don't know who's going to sue them and have a claim in two years time. They don't know how many thousands of pounds will have to be spent on legal fees.

"So many businesses are taking the lower risk approach of not bringing in a compulsory vaccination policy because they just don't want to take the risk of being sued."

Read more: Rule changes to end pingdemic ‘nailed on’ for August 16, PM tells LBC

More Nick Ferrari

See more More Nick Ferrari

Nick Ferrari and caller Kevin don't see eye to eye in benefits debate

Nick Ferrari and caller Kevin don't see eye to eye in benefits debate

LBC reacts: King Charles will tell Macron there are 'no borders' between UK and France

LBC reacts: King Charles will tell Macron there are 'no borders' between UK and France

LBC callers are divided over proposed wealth tax

‘Preposterous’: LBC callers are divided over proposed wealth tax

Nick Ferrari

‘Lessons haven’t been learned’ following 7/7 London bombings

A new 'Labour' party, Nigel Farage, and shoplifting | LBC's best callers of the week

A new 'Labour' party, Nigel Farage, and shoplifting | LBC's best callers of the week

"What's the risk?" LBC caller Steve wants to give a new party a chance

"What's the risk?" LBC caller Steve wants to give a new party a chance

Nigel Farage takes your calls

Nigel Farage takes your calls with Nick Ferrari

Nick Ferrari caller

Caller Mark says the government has ‘destroyed’ the Labour Party

Caller Comp

LBC Callers react to Glastonbury IDF controversy

Nick Ferrari callers debate

Nick Ferrari callers go head-to-head over pro-Palestine protests

Nick Ferrari caller

Caller Martyn says the UK needs a ‘Trump-style figure’ in power

Prime Minister Keir Starmer has confirmed a vote on 'progressive' welfare reforms will take place on Tuesday.

Nick Ferrari struggles to keep a lid on the conversation with caller Craig about benefit claimants

Call the Commissioner

Call The Commissioner with Sir Mark Rowley

Nick Ferrari and caller Eve

Nick Ferrari and caller Eve go back and forth over the Middle East conflict

LBC caller Paula drives home the impact of PIP benefit cuts

LBC caller Paula drives home the impact of disability benefit cuts

'Iran has a democratic candidate, unlike Iraq...'

Iraqi caller explains why Iran-Iraq comparisons fall short