Test case rules against tax expert sacked over transgender tweet

THERE is no legal right to question whether a transgender person is a man or a woman, an employment tribunal has ruled.

Maya Forstater, 45, lost her job as a tax expert at the

Centre for Global Development in March this year after she was accused of publishing “offensive” tweets questioning government proposals to allow people to self-identify as the opposite sex. Her legal dispute against her former employer was seen as a test case on whether a “gender critical” view – meaning a belief that there are only two biological sexes – is a protected philosophical belief under the 2010 Equality Act.

However, in the landmark judgment published yesterday, employment Judge Tayler decided Ms Forstater’s view “is incompatible with human dignity and fundamental rights of others”.

If Ms Forstater had won the case, it would have legally prevented employers from dismissing staff for expressing the “offensive” view that there are only two biological sexes.

But Judge Tayler concluded that Ms Forstater was not entitled to ignore the legal rights of a transgender person and the “enormous pain that can be caused by misgendering a person”.

Judge Tayler concluded: “If a person has transitioned from male to female and has a Gender Recognition Certificate (GRC), that person is legally a woman. That is not

something [Ms Forstater] is entitled to ignore. [Ms Forstater’s] position is that even if a trans woman has a GRC, she cannot honestly describe herself as a woman. That belief is not worthy of respect in a democratic society.

“Even paying due regard to the qualified right to freedom of expression, people cannot expect to be protected if their core belief involves violating others’ dignity and creating an intimidating, hostile, degrading, humiliating, or offensive environment for them.”

Ms Forstater told The Daily Telegraph last night: “I struggle to express the shock and disbelief I feel at reading this judgment, which I think will be shared by the vast majority of people who are familiar with my case.

“This judgment removes women’s rights and the right to freedom of belief and speech. It gives judicial licence for women and men who speak up for objective truth and clear debate to be subject to aggression, bullying, no platforming and economic punishment.

“I will consider the judgment closely with my legal team to determine what

‘People cannot expect to be protected if their core belief involves violating others’ dignity’

can be done to challenge it.”

Peter Daly, Ms Forstater’s solicitor, said: “The significance of this judgment should not be downplayed. Had our client been successful, she would have established in law protection for people – on any side of this debate – to express their beliefs without fear of being discriminated against.”