Forstater v CGD Europe & Ors (RELIGION OR BELIEF DISCRIMINATION) [2021] UKEAT 0105_20_1006 (10 June 2021)
EHRC 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.
A 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, 2023