London Daily

Focus on the big picture.
Monday, Aug 24, 2026

Gender-critical views are a protected belief, appeal tribunal rules

Gender-critical views are a protected belief, appeal tribunal rules

Maya Forstater lost initial legal challenge brought when her contract was not renewed after tweet dispute
The gender-critical views of a researcher who lost her job at a thinktank after tweeting that transgender women could not change their biological sex are a protected philosophical belief under the Equality Act, a judge-led panel has ruled.

Maya Forstater, 47, a tax expert, brought a legal challenge when the Centre for Global Development (CGD), where she was a visiting fellow, did not renew her contract in March 2019 after a dispute over publicising her views on social media.

She was accused of using “offensive and exclusionary” language in tweets opposing government proposals – later shelved – to reform the Gender Recognition Act (GRA) to allow people to self-identify as a particular gender.

An attempt by Forstater, funded through the CrowdJustice website, to establish that her tweets, such as “men cannot change into women”, should be protected under the Equality Act failed in a test case at an employment tribunal in 2019. In April, Forstater appealed to the employment appeal tribunal (EAT).

On Thursday a panel led by the EAT president, Mr Justice Choudhury, upheld the appeal, saying the tribunal had “erred in law” in ruling that Forstater’s views were “not worthy of respect in a democratic society”.

In its written judgment, it said: “Just as the legal recognition of civil partnerships does not negate the right of a person to believe that marriage should only apply to heterosexual couples, becoming the acquired gender ‘for all purposes’ within the meaning of GRA does not negate a person’s right to believe, like the claimant, that as a matter of biology a trans person is still their natal sex. Both beliefs may well be profoundly offensive and even distressing to many others, but they are beliefs that are and must be tolerated in a pluralist society.”

The panel said only views akin to Nazism or totalitarianism were unworthy of protections for rights of freedom of expression and thought.

It acknowledged some trans people would be “disappointed” by the judgment, adding: “This judgment does not mean that the EAT has expressed any view on the merits of either side of the transgender debate and nothing in it should be regarded as so doing. This judgment does not mean that those with gender-critical beliefs can ‘misgender’ trans persons with impunity.”

The Equality and Human Rights Commission and Index on Censorship both intervened in support of the view that gender-critical beliefs were protected under section 10 of the Equality Act.

Forstater said of the judgment: “It doesn’t mean the freedom to harass others. That was never what my case was about. Gender-critical beliefs and gender identity beliefs are both protected under the Equality Act and so, too, is lack of belief. No one can be forced to profess a belief that they do not hold, like trans women are women, trans men are men, and [be] punished if they refuse. The judgment means that organisations now need to consider whether their policies, encouraged by trans rights organisations, discriminate against people with gender-critical views.”

Louise Rea, a solicitor at the law firm Bates Wells, which advised the CGD, called the decision “concerning” and “a much narrower interpretation of the previously understood position that a belief which conflicts with the fundamental rights of others will not be protected.

“The EAT’s decision sets the threshold for exclusion so high that it will leave marginalised groups more vulnerable to discrimination and harassment and place employers in an impossible position. Our clients are considering their next steps.”

A new tribunal will be convened to determine whether the treatment about which Forstater complained was because of – or related to – her protected beliefs.
Newsletter

Related Articles

0:00
0:00
Close
Iranian Hackers Shut Down British Power Plant for Four Days in Landmark Cyber Attack
Novak Djokovic Reveals Relentless Self-Doubt and Rejects Retirement in New Documentary
Trump Imposes 50% Tariffs on Canadian Goods After Bilateral Trade Talks Collapse
First Bus Bars Unaccompanied Under-Sixteens From Evening Services in Stoke-on-Trent
Lithium-Ion Battery Fires Cost UK Waste Sector About One Billion Pounds a Year
Reform UK Proposes Lower Social Housing Priority for Foreign-Born Naturalised Citizens
UK Government Deploys AI Drones in Crackdown on Illegal Waste Dumping
EU Biometric Border Checks Cause Disruption for British Travellers and Freight Operators
UK Expands Voluntary Drug Treatment Programme for Sex Offenders to Twenty Prisons
CrossCountry Cancels Most Services After Major Power Failure at Control Centre
Met Office Warns El Niño Could Bring Severe Autumn Storms and Higher Food Prices
Resolution Foundation Says UK Productivity Growth May Be Stronger Than Official Data Suggest
Andy Burnham Proposes Giving Regional Mayors Greater Planning Powers
UK Government Overhauls Planning Rules to Accelerate Housing Near Transport Links
Russia Withdraws Ambassador to Britain and Warns of Retaliation Over UK Drone Supplies to Ukraine
Iran-Linked Hackers Blamed for Cyberattack That Shut Down UK Power Plant
Andy Burnham Pledges UK Support for Long-Range Missile Production in Ukraine
Australia Combines Indigenous Fire Knowledge With Satellite Tech to Combat Catastrophic Wildfires
Father and Son Jailed in Scotland Over £900,000 Airport Cannabis Smuggling Operation
UK Fraud Reports Surge Sevenfold as Criminals Exploit QR Codes in Parking Meters and Phishing Emails
Brighton Thrash Aston Villa in Four-Goal Opening Half as Manchester City Trail Bournemouth
Erin Patterson Appeals Triple Murder Convictions After Hotel Mixed Sequestered Jury With Prosecution
Bank of England Maintains Close Watch on Banks Amid Global Economic Uncertainty
Warm Weather and Tourism Support UK High Street Spending During Summer
Westminster Faces Continuing Political and Administrative Fallout From Epstein Files Release
UK Invests in Domestic Defence Drone Manufacturing to Strengthen Military Supply Chains
Around Five Million UK Households Face Higher Mortgage Payments by 2028
Bluetongue Virus Cases Rise Across England, Wales and Scotland
UK Government Holds First National Day for Victims and Survivors of Terrorism
Historic Summer Droughts Threaten UK Harvests and Put Further Pressure on Food Prices
UK Economy Holds Up in Second Quarter Despite Global Energy and Geopolitical Pressures
UK Opens National Artificial Intelligence Safety Testing Facility
UK Government Finalizes Plans to Bring Remaining Regional Rail Services Into Public Ownership
Environment Agency Imposes Record Penalties on Water Companies Over Illegal Sewage Discharges
Great British Energy Announces Offshore Wind Partnership in North Sea
UK Government Tightens Planning Rules to Accelerate Housing Development
NHS Launches Digital Overhaul to Cut Elective Care Waiting Lists
Bank of England Signals Interest Rates May Stay Higher for Longer as Inflation Pressures Persist
The rise and fall of Hui Ka Yan, China’s richest man
Woke: Britain Considers Plain Packaging for Cigars as Specialist Shops Warn of Industry Collapse
Britain's Public-Service Productivity Remains Below 2019 as £80 Billion Output Gap Fuels WFH Debate
Mandelson Epstein Case in Jeopardy as U.S. Files Stay Out of Reach
Prince Harry and Six Others Ordered to Pay £9.5 Million After High Court Defeat
Bank of England Holds Interest Rate at 3.75% as Inflation and Energy Risks Persist
UK AI Security Tests Find Autonomous Agent Attempting Malicious Code Injection
UK Economy Grows 0.4% in Second Quarter Amid Global Pressures
UK Joins European Allies in Condemning Israeli Settlement Plans in West Bank E1 Area
Multiple People Killed in A66 Collision Near Middlesbrough Involving Police Vehicle
UK Government Holds First National Day for Victims and Survivors of Terrorism
UK Met Office Warns of Severe Autumn Storms as Strong El Niño Follows Historic Drought
×