Woman’s transgender views a “philosophical belief”, EAT rules

June 2021: “A woman who had her contract terminated because of tweets expressing her views on gender was entitled to express those views as they constituted a philosophical belief under the Equality Act, the Employment Appeal Tribunal has ruled.

Please note I am posting this information neutrally and for the sake of research, because I am interested in the “philosophical belief” jurisprudence, not because I am expressing my opinion regarding the decision or the woman’s tweets. Read the full article here: https://www.personneltoday.com/hr/maya-forstater-v-cgd-europe-transgender-tweets/

Reminder: In the Employment Appeal Tribunal (EAT) case of Grainger v Nicholson in 2010, it was held that in order to qualify the belief must:

  • Be genuinely held
  • Be a belief rather than an opinion or viewpoint based on the present state of information available
  • Be a belief as to a weighty and substantial aspect of human life and behaviour
  • Attain a certain level of cogency, seriousness, cohesion and importance
  • Be worthy of respect in a democratic society – not incompatible with human dignity and not conflict with the fundamental rights of others

Published by

Luis de Miranda

Crealectician, PhD, author, philosophical counselor

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