In the case of Forstater v Centre for Global Development (CGD), Maya Forstater lost her job after expressing views that sex cannot be changed and transgender women are “not women”. She has now won an appeal against an employment tribunal.
Ms Forstater worked for CGD. In 2018, she became engaged in the debate about proposed reforms to the Gender Recognition Act. Complaints were raised with CGD that some of her tweets were ‘transphobic’. Her contract was not renewed, and she complained of discrimination on grounds of belief.
Considering the fifth of the ‘Grainger criteria’ (which determine whether a belief is protected under s10 EqA) the judge found that Ms Forstater’s belief necessarily involved “misgendering” and was incompatible with human dignity and the fundamental rights of others.
The Employment Appeal Tribunal disagreed. The evidence was that Ms Forstater’s belief is widely shared, and consistent with the law.
After the verdict was handed down, Ms Forstater said: “I am delighted to have been vindicated. I lost my job simply for expressing a view that is true and important, and held by the great majority of people in this country: sex matters.
“Being a woman is a material reality. It is not a costume or a feeling. Institutions that pretend sex doesn’t matter become hostile places for women, in particular.
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