Legal protection for staff expressing ‘gender-critical’ beliefs

The delicate balancing act involved in managing staff members who hold and express strong views in the gender identity debate was considered in the recent case of Forstater v CGD Europe. 

F worked at CGD as a sustainable development expert.  She claimed that her relationship with CGDE came to an end because she expressed ‘gender-critical’ opinions. F engaged in debates on social media about gender identity issues, and in doing so made remarks which some transgender people found offensive. Some of her colleagues at work complained and, following an investigation, her visiting fellowship was not renewed.

F argued at the EAT that her ‘gender-critical’ views constituted a protected ‘philosophical belief’ under the Equality Act 2010 and that she was discriminated against because of them.  The EAT agreed with F that ‘gender-critical’ beliefs, including a belief that sex is immutable and should not be conflated with gender identity, are protected under the Equality Act.  It was not asked to decide the issue of whether or not she was discriminated against as a result of her beliefs.   The EAT made clear it was not expressing any view on the merits of either side of the transgender debate; it did not mean that those with gender-critical beliefs can ‘misgender’ trans persons with impunity; it did not mean that trans persons do not have protections against discrimination and harassment; and it did not mean that employers and service providers will not be able to provide a safe environment for trans persons. However employers and service providers do need to be mindful that those on both sides of the debate have legal protection when it comes to an expression of their views.