London Daily

Focus on the big picture.
Tuesday, Sep 29, 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
Transport for Wales and Network Rail Complete Electrification of South Wales Metro
Defra Expands Incentives for Sustainable Farming and Biodiversity in England
Northern Ireland Executive Approves Funding Package to Resolve Public Sector Pay Disputes
Universities UK Warns of Financial Insolvency Risks for Higher Education Institutions
UK Prisons Activate Emergency Protocols to Manage Capacity Pressures
UK Government Establishes New Safety Standards for Frontier AI Models
Home Office Tightens Skilled Worker Visa Requirements and Dependent Rules
Ministry of Defence Restructures Royal Navy Frigate Procurement to Prevent Overruns
UK Government Mandates New Housing Targets to Address National Shortage
UK and Scottish Governments Reach Agreement on North Sea Energy Transition
NHS Launches Digital Overhaul to Reduce Surgical Backlogs in England
Bank of England Holds Interest Rates as Service Sector Inflation Persists
UK Chancellor Announces Fiscal Consolidation Measures to Stabilize National Debt
RNLI Chief Executive Condemns Misinformation and Abuse Targeting Volunteer Crews
Metropolitan Police Charge Swindon Man with Assisting Foreign Intelligence Services
British Intelligence Report Warns Environmental Collapse Threatens Global Defense Infrastructure
Conservative Party Rejects New Taxes to Fund UK Social Care Reforms
Labour Government Signals Intent to Ease Residency Restrictions for Foreign Care Workers
Prime Minister Andy Burnham and Norwegian Prime Minister Jonas Støre Meet to Strengthen North Atlantic Defense
UK Government Plans to Revive Equity Loan Scheme to Assist First-Time Home Buyers
Prime Minister Andy Burnham Pledges Radical Reform for UK Utilities and Social Care
UK Treasury Prepares Difficult Autumn Budget Amid High Debt and Energy Volatility
Civil Aviation Authority Launches Review of Air Traffic Systems Following Digital Failure
X Reports First Increase in UK Revenues Following Advertiser Boycott
Shetland Islands Council Approves £400 Million Inter-Island Tunnel Project
Foreign Secretary Ed Miliband Warns Iran Against Hostile Activities on British Soil
UK Ministers Concede Chagos Islands Sovereignty Agreement Terminated After US Opposition
More in Common Poll Projects Hung Parliament with Labour Leading and Reform UK Gains
Prime Minister Andy Burnham Defends Economic Strategy as Public Finances Face Headwinds
Tony Blair Urges Government to Set Long-Term Goal of Rejoining the European Union
Prime Minister Andy Burnham Pledges Universal Free Social Care Funded Through General Taxation
UK Diesel and Petrol Prices Surge Near All-Time Highs Amid Middle East Energy Volatility
Analysis of Reform UK conference highlights deep political divisions over welfare and immigration
Bangladesh garment exports to the United Kingdom reach $915 million in early fiscal year
Royal Navy begins sea trials for new HMS Agamemnon hunter-killer submarine
New report suggests UK data centre expansion will create far fewer jobs than predicted
Major weekend closures announced for London Underground Piccadilly and Central lines
NHS leaders call for emergency winter funding to combat staffing shortages and rising illness
Far-right activist Daniel Thomas charged following alleged slashing of migrant dinghy
Home Secretary orders urgent review of border security following rise in small boat crossings
Prime Minister Andy Burnham to address Labour Party conference amid calls for long-term infrastructure plan
UK Treasury and Bank of England warn of rising inflation risks amid Middle East tensions
Royal Navy Diving Squadron Honoured for Global Bomb Disposal Efforts
UK State Pension Set to Approach £13,000 Per Year Under Triple-Lock
Rolls-Royce Wins Multi-Million-Pound Engine Contract with Philippine Airlines
TfL Questions Future of Heathrow Express Amid Proposed £33 Billion Expansion
Ed Miliband Warns Iran Against Hostile Operations on British Soil
S&P Global Manufacturing Index Signals Stabilization Amid Rising Fuel Costs
Prime Minister Andy Burnham Launches National Centre for Information Defence
UK Food and Drink Trade Deficit Surges to £21.1 Billion
×