Forstater v CGD Europe & Others [2021] UKEAT/0105/20/JOJ

In brief

Maya Forstater's appeal against the employment tribunal's finding that her gender-critical beliefs did not qualify for protection under the Equality Act 2010. The EAT (Mr Justice Choudhury presiding) held that gender-critical beliefs do meet the Grainger criteria for philosophical belief protection. EHRC and Index on Censorship intervened. The case established that protection of belief does not mean endorsement of the belief, and holders of protected beliefs must still comply with anti-discrimination duties.

Key provisions

• holding-1 — Gender-critical beliefs qualify as a protected philosophical belief (EA2010 s.10): Gender-critical beliefs — including the belief that sex is immutable and binary — qualify as a protected philosophical belief under s.10 EA2010, satisfying the Grainger criteria.
• holding-2 — Applied and confirmed the Grainger criteria for philosophical belief: The EAT applied and confirmed the five-part Grainger criteria for philosophical belief protection, finding that gender-critical beliefs satisfy all five requirements.
• holding-3 — Protection of belief does not equal endorsement: Protection of a philosophical belief does not equal endorsement of that belief. The law protects the right to hold the belief, not the belief itself.
• holding-4 — Manifestation of belief can still be restricted where it discriminates against others: Manifestation of a belief can still be restricted where it discriminates against others, violates their dignity, or creates a hostile environment.

When relevant

The foundational authority on gender-critical belief as a protected philosophical belief under s.10 EA2010. Directly relevant whenever: a staff member objects to trans inclusion on belief grounds, pronoun policies are challenged, belief-accommodation requests are made, competing rights between s.7 and s.10 are balanced.