The Employment Tribunal has ruled that an employee was discriminated against on the basis of a protected belief after she made what her employer considered to be transphobic comments on social media.
The Claimant, Maya Forstater, expressed her views that people cannot change their biological sex, by posting a series of tweets about gender and sex. Subsequently, her employer did not renew her contract and Ms Forstater brought a claim in the Employment Tribunal for discrimination on the basis of a ‘protected belief’, arguing that she was dismissed for expressing these views.
In 2019, the Tribunal originally ruled against her claim for discrimination on the basis that her beliefs were not protected from discrimination under the Equality Act 2010 as they were not ‘worthy of respect in a democratic society’.
However, Ms Forstater appealed against this decision and, in 2021, the Employment Appeal Tribunal ruled that ‘gender-critical’ views were protected by discrimination law and the decision not to renew Ms Forstater’s contract was direct discrimination related to her beliefs.
Ms Forstater has welcomed this outcome reiterating the importance of truth and free speech.
This is a cautionary tale for employers to consider when taking action against workers who express beliefs that others may find offensive or simply not agree with, as such beliefs may be protected under discrimination law.
Philosophical belief discrimination cases such as this are often not straightforward and it is the task of an Employment Tribunal to decide whether the real reason for unfavourable or unfair treatment was in fact due to a belief. For a philosophical belief to be protected under the Equality Act 2010, it must be genuinely held, be more than an opinion or viewpoint based on current information, be about a ‘weighty and substantial’ aspect of human life and behaviour, it must have a certain level of clarity, seriousness and importance and it must be worthy of respect in a democratic society, not incompatible with human dignity and not conflict with the fundamental rights of others.
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