On 10 June, the judgment was released confirming that the Employment Appeal Tribunal had upheld Maya Forstater’s appeal that the original tribunal panel was wrong to determine that her beliefs were not ‘worthy of protection in a democratic society’.
The EAT had to decide whether Ms Forstater’s beliefs on transgender rights meet the definition under section 10 of the Equality Act 2010.
In the ruling, Mr Justice Choudhry recognised that for a belief to not fall within this definition means that an individual may be denied fundamental rights to free speech and belief. Courts are obliged to consider this in making decisions.
The EAT were clear to add to the judgment that:
- The Tribunal is not adopting a position on the transgender rights debate;
- Cases involving harassment of and discrimination towards transgender people remain an issue to be determined on their facts by the Employment Tribunal in line with the Equality Act;
- Transgender people remain protected by the Equality Act, whether by section 7 (gender reassignment) or otherwise as appropriate; and
- Employers and service providers remain able to provide safe working environments for transgender people free of harassment and discrimination.
It’s clear that this judgment does not allow a free-for-all approach to manifestations of beliefs in the workplace. The effect of this judgment in law, is only that Ms Forster’s belief was capable of falling within s10 of the Equality Act. A Tribunal is yet to determine if she was actually discriminated against.
“I do not believe this makes it more problematic for employers to address internal workplace disputes. Ultimately, there will be a conflict between an individual’s identity and the beliefs of another and the employer retains a duty to both.”
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This article is featured in the July edition of the Dorset Business Focus magazine. Read on the online version here.