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Maya Forstater wins employment appeal tribunal

MAYA FORSTATER, whose job contract was not renewed after she tweeted in opposition to government proposals to reform the Gender Recognition Act, has won her appeal against an employment tribunal judgement.

The Centre for Global Development did not renew Ms Forstater’s contract in March 2019 after she posted tweets criticising the proposal, which would have made it easier for people to alter the biological sex listed on official documentation such as their birth certificate. 

Ms Forstater, who had been a tax expert at the think tank, took her case to an employment tribunal in November 2019 on the grounds that her dismissal constituted discrimination against her belief that biological sex is immutable. 

A High Court judge said today that the original tribunal had “erred in law” and that her gender-critical beliefs were protected under the Equality Act.

Mr Justice Choudhury added: “This judgement does not mean that those with gender-critical beliefs can ‘misgender’ trans persons with impunity.”

During the employment appeal tribunal hearing in April, Ms Forstater said that there are only two sexes and reiterated her view that biological sex is “real, important, immutable, and not to be conflated with gender identity.”

Mr Justice Choudhury said he acknowledged that “some trans persons will be disappointed by this judgement,” but that the appellant’s views “must be tolerated in a pluralist society.”

A TUC spokesperson said: “Employers have a responsibility to keep all their staff, including trans and non-binary workers, safe from discrimination and harassment.

“As the judgement has highlighted, this case does not change that.”


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