Employment Appeal Tribunal MACKERETH-EAT-2022 Persuasive Settled

Mackereth v Department for Work and Pensions [2022] EAT 99

[2022] EAT 99 2022 England & Wales

What This Authority Covers

Dr Mackereth, a DWP health assessor, refused on grounds of Christian belief to use transgender service users' preferred pronouns. The Employment Tribunal and EAT held that while his belief was protected (following Grainger/Forstater), the DWP's requirement to use preferred pronouns was a proportionate restriction on the manifestation of that belief in a professional context. The employer's legitimate aims — protecting service user dignity, complying with equality duties, and maintaining public confidence — justified the restriction. The case confirms that professional conduct standards can lawfully require pronoun use without discriminating against employees who hold gender-critical or religious beliefs.

When Relevant

Pronoun policies, professional conduct standards in service delivery, belief-accommodation requests, healthcare and public-facing roles where trans service users are present. Directly relevant to L2-A6 (Behavioural Thresholds) and the competing-rights framework.

Key Provisions

holding-1 Dual
Religious and gender-critical beliefs are protected, but professional conduct requirements can restrict their manifestation
Religious and gender-critical beliefs are protected under s.10 EA2010, but professional conduct requirements can restrict their manifestation where the restriction is proportionate.
holding-2 Respondent
An employer's requirement to use preferred pronouns is a proportionate means of achieving legitimate aims (service user dignity, equality compliance)
An employer's requirement to use preferred pronouns is a proportionate means of achieving the legitimate aims of service user dignity and equality compliance.
holding-3 Respondent
The belief holder does not have a right to impose the consequences of their belief on service users or colleagues
The belief holder does not have a right to impose the consequences of their belief on service users or colleagues. The right to hold a belief is distinct from the right to act on it.
holding-4 Respondent
Professional contexts impose higher standards of conduct than purely private settings
Professional contexts impose higher standards of conduct than purely private settings. Healthcare, education, and safeguarding roles carry elevated expectations of respectful treatment.

Current Status & Context

EAT decision confirming that a DWP health assessor's refusal to use transgender service users' preferred pronouns on grounds of religious belief was not discriminatory when the employer required pronoun use as a proportionate professional conduct standard. The belief was protected; the refusal to comply with a reasonable professional requirement was not.