Legal Judgments and Cases on Trans Matters
Homophobic and transphobic beliefs, while being protected, will not prevent the termination of employment if sufficient policies are in place.
Case number: 2600288/2020Cite as: [2023] UKET 2600288/2020- http://www.bailii.org/uk/cases/UKET/2023/2600288_2020.html
- https://assets.publishing.service.gov.uk/media/63fc8d90e90e0740d3cd6eb8/Mr_B_Randall_v_Trent_College_Limited___others_2600288_2020_Judgment.pdf
Added: 10 Apr, 2023A protected belief is no defence for breaking the law.
Case number: 2206733/2020Cite as: [2022] UKET 2206733/2020
Added: 10 Apr, 2023The Bell judgment was over turned.
Case number: CO/60/2020Cite as: [2021] EWCA Civ 1363, [2022] 1 All ER 416, (2022) 183 BMLR 34, [2021] WLR(D) 490, [2022] 1 FLR 69, [2022] PTSR 544- http://www.bailii.org/ew/cases/EWCA/Civ/2021/1363.html
- https://www.judiciary.uk/wp-content/uploads/2022/07/Bell-v-Tavistock-judgment-170921.pdf
Added: 2 May, 2023EHRC intervention determined that Grainger V was satisfied in relation to "Gender Critical" beliefs and the potential of "Gender Critical" beliefs to harrass trans individuals is acceptable and should be respected by society providing they do not attempt to destroy the rights of trans persons, violating Grainger V and making it a belief in the same category as Nazism or totalitarianism.
Case number: UKEAT/0105/20/JOJCite as: [2022] ICR 1, [2021] IRLR 706, [2021] UKEAT 0105_20_1006A philosophical belief would only be excluded for failing to satisfy Grainger V if it was the kind of belief the expression of which would be akin to Nazism or totalitarianism and thereby liable to be excluded from the protection of rights [...]
The Claimant’s gender-critical beliefs, which were widely shared, and which did not seek to destroy the rights of trans persons, clearly did not fall into that category. The Claimant’s belief, whilst offensive to some, and notwithstanding its potential to result in the harassment of trans persons in some circumstances, fell within the protection under Article 9(1) [...]
(118)(b) This judgment does not mean that those with gender-critical beliefs can ‘misgender’ trans persons with impunity. The Claimant, like everyone else, will continue to be subject to the prohibitions on discrimination and harassment under the EqA. Whether or not conduct in a given situation does amount to harassment or discrimination within the meaning of EqA will be for a tribunal to determine in a given case.
(118)(c) This judgment does not mean that trans persons do not have the protections against discrimination and harassment conferred by the EqA. [...]
(118)(d) [...] Employers would be liable (subject to any defence under s.109(4), EqA) for acts of harassment and discrimination against trans persons committed in the course of employment.
Added: 11 Apr, 2023Authentic Equity Alliance C.I.C., R (On the Application Of) v Commission for Equality And Human Rights [2021] EWHC 1623 (Admin) (06 May 2021)
6 May, 2021 · 1 min read · ehrc gender recognition act gender reassignment protected characteristic ·The notion of a single-sex space is not a sufficient justification to ban trans individuals from those spaces.
An exemption does exist in the GRA and the GR protected characteristic which allows for legal discrimination against trans individuals in limited circumstances.
Case number: CO/4116/2020Cite as: [2021] EWHC 1623 (Admin)(5) The claimant has put forward a number of iterations of the alleged misstatement of the law, none of which is, in my judgment, arguable.
(9) The claimant's first proposition is, accordingly, unarguable.
(12) [...] The claimant's point in its Reply accordingly shows no arguable error of law.
(14) That is in my view an untenable view of the legislation. [...]
(28) For all these reasons I do not consider the claimant's case to be arguable and refuse permission to proceed on that ground.
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Added: 10 Apr, 2023This Judgment has been overturned Based on the Bell ruling the High Court has ruled that children under the age of 16 are unlikely to be able to give informed consent to treatment with puberty blockers. The court also ruled that it is 'highly unlikely' that a child aged 13 or under would be competent to give consent to the administration of puberty blockers.
Case number: FD21P00063Cite as: (2021) 179 BMLR 139, [2021] EWHC 741 (Fam), [2021] Med LR 365
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Added: 2 May, 2023This Judgment has been overturned Keira Bell who is referred to as Quincy Bell through these legal proceedings, took the Tavistock GIDS service to court to argue that Gillick competance didn't apply to trans children and that the Tavistock GIDS service should not be allowed to prescribe puberty blockers to children under the age of 18. The court ruled in her favour and the Tavistock GIDS service was not allowed to prescribe puberty blockers to children under the age of 18.
Case number: CO/60/2020Cite as: [2021] PTSR 593, (2021) 177 BMLR 115, [2021] ACD 22, [2022] 1 FLR 30, [2020] EWHC 3274 (Admin), [2020] WLR(D) 655- http://www.bailii.org/ew/cases/EWHC/Admin/2020/3274.html
- https://www.judiciary.uk/wp-content/uploads/2020/12/Bell-v-Tavistock-Judgment.pdf
Added: 2 May, 2023Individuals who are gender fluid are protected from discrimination in single sex spaces under the GR protected characteristic.
Case number: 2206733/2020Cite as: [2020] UKET 1304471/2018- https://www.bailii.org/cgi-bin/format.cgi?doc=/uk/cases/UKET/2020/1304471_2018.html
- https://www.gov.uk/employment-tribunal-decisions/ms-r-taylor-v-jaguar-land-rover-ltd-1304471-2018
Added: 11 Apr, 2023Maya Forstater's views on trans people did not meet the Grainger criteria, as "Gender Critical" beliefs were deemed as being incompatible with the fundamental rights of trans individuals.
This ruling was superceeded and over turned after a direct intervention by the EHRC.
Case number: 2200909/2019Cite as: [2019] UKET 2200909/2019(90) I conclude from this, and the totality of the evidence, that the Claimant is absolutist in her view of sex and it is a core component of her belief that she will 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. The approach is not worthy of respect in a democratic society.
(92) In respect of the belief that the Claimant contends she does not hold, that everyone has a gender which may be different to their sex at birth and which effectively trumps sex so that trans men are men and transwomen are women. I consider that this is a good example of why, at least in certain circumstances, one needs to apply the Grainger criteria to the lack of belief, rather than the alternative belief. Believing that a trans woman is a woman does not conflict with the approach of the European Court of Human Rights in Goodwin, or the Gender Recognition Act, or involve harassment. It does not face the same issue of incompatibility with human dignity and fundamental rights of others as the lack of that belief does because that lack of belief necessarily involves the view that trans women are men. The lack of belief fails to meet the Grainger criteria.
(93) It is also a slight of hand to suggest that the Claimant merely does not hold the belief that transwomen are women. She positively believes that they are men; and will say so whenever she wishes. Put either as a belief or lack of belief, the view held by the Claimant fails the Grainger criteria and so she does not have the protected characteristic of philosophical belief.
Added: 10 Apr, 2023AB v SoSJ & Anor (2009) trans women in male prisons is a breach of art. 8 of the ECHR.
Case number: CO/9490/2008Cite as: [2009] HRLR 35, (2010) 11 BMLR 70, [2009] EWHC 2220 (Admin), [2010] 2 All ER 151[2009] EWHC 2220 (Admin)(7) Although the Gender Recognition Panel was satisfied that the Claimant had lived in her acquired gender for the requisite two year period prior to her application for a gender recognition certificate, while she was detained in the male prison estate, the Gender Identity Clinic treating her will not approve her gender reassignment surgery until she has spent a period living "in role" as a woman within a female prison. The experts instructed by both the Prison Service and the Claimant agree that this is an appropriate requirement. It follows that so long as the Claimant remains within the male prison estate she is unable to progress towards the surgery which is her objective. While transfer to the female prison estate does not guarantee that the Claimant will be able to proceed to surgery while in prison, unless she is transferred the prospect of surgery is ruled out for so long as she remains in prison.
Added: 10 Apr, 2023