- Believing that a person’s sex is an immutable biological fact is protected under the EqA 2010 (Forstater v CGD Europe, Center For Global Development and Ahmed)
- What are the practical implications of this judgment?
- What types of belief qualify as philosophical beliefs?
- The relevance of manifestation of beliefs
- Gender-critical beliefs, and gender identity beliefs, are protected philosophical beliefs
- Whether expression of gender-critical beliefs amounts to harassment
- Lack of belief
- Effect of the GRA 2004
- Case management of section 10 belief cases
- What is the relevant background?
- Background law
- Background facts
- The decision of the employment tribunal
- What did the EAT decide?
- What is the claimant’s belief?
- What is the correct approach to determine whether a belief is a ‘philosophical belief’ within the meaning of the EqA 2010?
- The relevance of manifestation
- Did the employment tribunal err in its approach?
- Analysis from the perspective of a ‘lack of belief’
- Does the claimant’s belief fall within section 10 of the EqA 2010?
- Note on procedure
- Case details
Employment analysis: The belief that sex is biologically immutable, that there are only two sexes (male and female), that men are adult males and women are adult females, and that it is sex that is fundamentally important, rather than ‘gender’, ‘gender identity’ or ‘gender expression’, is a philosophical belief protected under section 10 of the Equality Act 2010, according to the EAT, in a judgment which clarifies the proper application of the Grainger test as to whether or not a belief is ‘worthy of respect in a democratic society’.
Sign in or take a trial to read the full analysis.
To continue reading this news article, as well as thousands of others like it, sign in to LexisPSL or register for a free trial