London Daily

Focus on the big picture.
Friday, Jul 10, 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
University College London Report Proposes Replacing Council Tax and Stamp Duty With National Property Tax
Treasury Places Amazon, Google, Microsoft and Oracle Under New UK Financial System Oversight Rules
Severe Heatwave Drives Dangerous Ground-Level Ozone Pollution Across Two Thirds of European Union
Westminster in Freefall as Farage's By-Election Gamble Triggers Broader Systemic Crises
Institutional Fractures and Political Volatility Reshape Britain's Domestic Landscape
Deadly Fire, Health Emergencies and Political Upheaval Shape a Volatile Global News Cycle
UK Energy Strategy Focuses on Storage and Offshore Wind to Support Renewable Transition
Regional Governments Gain Greater Role in Britain’s Infrastructure and Economic Strategy
Britain Strengthens Technology Sovereignty Through Tougher Artificial Intelligence Competition Rules
UK Government Expands Artificial Intelligence Use Across Public Services Despite Privacy Debate
UK Universities Warn of Financial Pressure After Sharp Fall in International Student Enrolment
Welsh Government Completes Rail Nationalisation With One Point Five Billion Pound Modernisation Plan
Northern Ireland Records Export Growth as Companies Benefit From Dual UK and EU Market Access
Greater Manchester Launches Two Billion Pound Plan to Convert Empty Commercial Sites Into Housing
National Grid Connects Europe’s Largest Battery Storage Facility in Yorkshire
UK Defence Ministry Plans Royal Navy Autonomous Fleet Deployment to Indo-Pacific
Scotland Approves Europe’s Largest Floating Offshore Wind Project Near Aberdeen
Competition and Markets Authority Blocks Forty Billion Pound Technology Deal Over AI Security Concerns
UK Launches Five Hundred Million Pound Artificial Intelligence Network for National Health Service Diagnostics
Bank of England Signals Possible Interest Rate Cuts After Inflation Falls Below Target
UK Government Unveils Major Wealth Tax Reform to Fund National Health Service Infrastructure Expansion
Flight Instructor Jumped to His Death — Student Landed the Plane: "You Know What You Need to Do"
The Physical and Electronic Barriers Disrupting Domestic Wireless Networks
France and Morocco Open World Cup Quarter-Finals as Collina Defends Refereeing
Prince Harry Suffers Major Court Defeat in Legal Battle Against Daily Mail Publisher
Bonnie Tyler, Welsh Singer Behind Total Eclipse of the Heart, Dies at 75
Barclays and PwC Report Examines Economic Opportunities from Financial Asset Tokenisation
Pound Sterling Strengthens as Investors Anticipate Further Bank of England Rate Increases
British Business Bank Invests Twenty-Seven Million Pounds in Kraken Technology Defence Expansion
UK Business Secretary Peter Kyle Backs State Investment Strategy Inspired by US Approach
UK Electricity System Issues Margin Notice as Heatwave Tightens Evening Supply Outlook
Labour Leadership Contest Opens as Andy Burnham Emerges as Expected Sole Candidate
Tech Pulse: The Future of AI and Screen Culture
Global News Briefing: Escalating Geopolitical Tensions and Corporate Shakeups
Global News Brief: Escalating Conflicts, Public Health Crises, and World Cup Drama
Rare Early Copy of US Declaration of Independence Found in British Archive
Cornish Language Revival Gains Momentum Through Schools and Community Programs
UK Authorities Face Criticism Over Prisoner Early Release Safeguards
Clacton By-Election Set After Nigel Farage Resigns Seat to Trigger Contest
Government Agencies Review Long-Term Fiscal Risks from Aging Population and Low Productivity
UK Heatwaves Expose Pressure on Public Transport and Housing Infrastructure
UK Government Prepares Welfare Review Amid Debate Over Personal Independence Payment Reform
UK Government Expands Rapid Endometriosis Testing Across NHS Services
Vistry Group Issues Profit Warning as UK Housing Market Faces Continued Pressure
Virgin Media Receives Record Twenty-Eight Million Pound Fine Over Contract Cancellation Failures
Office for Budget Responsibility Warns UK Public Finances Face Long-Term Pressure
UK Watchdog Warns Regional Income Gap Has Barely Narrowed in Three Decades
IMF Raises United Kingdom Growth Forecast as Inflation and Energy Pressures Ease
UK Government Launches Regulatory Reform Bill to Speed Up Commercialization of Innovation
Prince Harry Loses Privacy Lawsuit Against Daily Mail Publisher After High Court Rejects Claims
×