Alan McCormack | Senior Associate

Maya Forstater Wins Appeal in Landmark Employment Case

A researcher who lost her job in 2019 after Tweeting that ‘male people are not women’ has won her appeal in the Employment Appeal Tribunal.

The appeal took place on 27th and 28th April, in an attempt to overturn the original decision that her ‘gender critical’ views were ‘incompatible with human dignity and fundamental rights of others’.

In Tweets, sent in 2018, Ms Forstater argued that men cannot transition biologically into a new sex, whatever gender they apply to themselves.  She asserted that she held beliefs that sex is immutable and should not be conflated with gender.

Her Tweets were labelled transphobic, and she ultimately lost her job due to these.

In the original decision, Employment Judge James Tayler dismissed her claim finding that she was ‘absolutist in her view of sex’ and it was ‘not worthy of respect in a democratic society’.

However, on appeal, Mr Justice Choudry held that her philosophical beliefs about sex and gender were protected under the law, but did point out that this did not mean such beliefs could be expressed in a way which infringed the rights of trans people.

This decision does mean that gender critical women and men will have a potential remedy and protection under the Equality Act if they are discriminated against on account of their beliefs by employers.

Please do not hesitate to get in touch with our team today should you require any advice in relation to discrimination.

Alan McCormack

Alan McCormack

Employment Law Team

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