top of page
  • Writer's pictureRobert Spicer


Gender-critical beliefs In the case of Forstater v CGD Europe, Ms F worked under a consultancy agreement as a researcher and writer with CGD, a think tank. She believes that sex is biologically immutable and that there are only two genders and that it is not possible to change sex. She commented on this on social media and some of CGD’s staff raised concerns about this. When Ms F’s contract ended, CGD refused to re-engage her. Ms F complained of direct discrimination in that the refusal to re-engage her was because of her gender-critical opinions. The employment tribunal (ET) held a preliminary hearing to decide whether her beliefs were protected by the Equality Act 2010. The ET considered the criteria for “philosophical belief”, as follows: · The belief must be genuinely held · It must be a belief and not an opinion or viewpoint · It must relate to a weighty and substantial aspect of human life and behaviour · It must attain a level of cogency, seriousness, cohesion and importance · It must be worthy of respect in a democratic society and must not be incompatible with human dignity nor conflict with others’ fundamental rights. In the Forstater case, the ET found that Ms F’s belief was not worthy of respect in a democratic society and was not a protected characteristic. Ms F appealed to the EAT. The appeal was allowed. * Gender-critical beliefs are protected under the Equality Act. * A philosophical belief would only be excluded if it were the kind of belief akin to Nazism or totalitarianism. * Beliefs which are offensive, shocking or even disturbing would not be excluded from protection. * Ms F’s beliefs were widely shared and demanded particular care before they could be condemned as being not worthy of respect in a democratic society.

0 views0 comments

Recent Posts

See All


Limitation Case TVZ v Manchester City Football Club Ltd [2022] EWHC 7, Hugh Court Facts Eight men who had been sexually abused by a football coach in the 1980s claimed compensation in negligence fro

Crown immunity and the rule of law (3)

Civil proceedings Until 1948 the Crown could not be made a party to a civil action. This was an offshoot of the principle of sovereign immunity. The Crown Proceedings Act 1947 changed this rule. The C

Crown immunity and the rule of law (2)

Recent examples In June 2018 prison officers were taking part in a petrol bomb training exercise. This was part of an eight-day commanders course at the National Tactical Response Group training facil


Post: Blog2_Post
bottom of page