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View that it is impossible to change from one sex to another is not a protected ‘philosophical belief’

Makbool Javaid

In Forstater v CGD, F claimed she had been subjected to direct discrimination when CGD allegedly refused to continue with her consultancy agreement because of her “gender critical” opinions which she argued constituted a protected philosophical belief under the Equality Act 2010. F became concerned about proposed changes to the Gender Recognition Act 2004 which would permit people to self-identify their gender and she posted critical comments on social media. F told the ET that in her view, the words man and woman describe a person’s sex and are immutable [absolute]; a person is either one or the other, there is nothing in between, it is impossible to change from one sex to the other and she will not accept that a trans woman is in reality a woman or that a trans man is a man. The ET found that F’s view was not a protected philosophical belief. The fact that F would refer to a person by the sex she considered appropriate, even if it violates their dignity and/or creates an intimidating, hostile, degrading, humiliating or offensive environment, is not worthy of respect in a democratic society.


The updates are kindly provided by Simons Muirhead & Burton Law firm

This update provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and help judgments made in every aspect of the case. Click on the links to access full details. If no link is provided, contact us for more information.  Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.

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