Gender critical beliefs Maya Forstaters case and trans rights

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Maya Forstater believes that sex is a biological fact, that people are either male or female, and people cannot change their sex either through declaring they are the opposite gender, by transitioning medically, or by getting a gender recognition certification. • The Employment Appeal Tribunal has decided that her beliefs are worthy of respect in a democratic society. The EAT was clear that it wasn't deciding her views were correct; only that it was recognising that her views are shared by a sizeable number of the population and that trans persons who don't have a gender recognition certificate are still legally regarded as being the sex of their birth. Although there is scientific evidence that differs from Ms Forstater's views, that didn't mean her views were not worthy of respect. • Accordingly she has legal protection under the Equality Act for those beliefs, and cannot be dismissed because of them. But she can be dismissed because of the way she manifests those beliefs, meaning this judgment does not give her - or anyone - the right to harass or discriminate against those with gender recognition certificates (who have specific legal rights) and, in most circumstances, any trans persons. • THE CASE • Forstater v CGD Europe - https://www.bailii.org/uk/cases/UKEAT... • 📻 LBC Radio - http://www.lbc.co.uk • • 📚 MY BOOKS • Employment Law Handbook - http://www.employmentlawhandbook.co.uk • Resolving Grievances - https://go.danielbarnett.com/books/gr... • Constructive Dismissal - https://go.danielbarnett.com/books/co... • Employee Investigations - https://go.danielbarnett.com/books/in... • Deconstructing TUPE - https://go.danielbarnett.com/books/tupe • All small books - https://go.danielbarnett.com/books • 🎁 FREE STUFF • Employment law updates - http://www.danielbarnett.co.uk • Employer’s guide to redundancy - https://go.danielbarnett.com/free/red... • Podcast - https://go.danielbarnett.com/podcast • Sources of free legal advice (video) - • 15 ways to get FREE legal advice • Deconstructing TUPE (video course) - https://go.danielbarnett.com/courses/... • 💎 PRODUCTS, MEMBERSHIPS AND COURSES: • Virtual Employment Law Academy - https://virtualemploymentlawacademy.com • HR Policies - https://policies2023.com • Chat GPT for lawyers HR - https://danielbarnett.com/chatgpt/ • Join the HR Inner Circle - https://hrinnercircle.co.uk/ • Getting Redundancy Right - https://gettingredundancyright.com • Changing Terms and Conditions course - https://courses.virtualemploymentlawa... • Marketing your Employment Law Practice - https://go.danielbarnett.com/courses/... • Own-branded email updates for solicitors - www.employmentlawbulletins.com • • 🌞 WHO AM I: • I'm Daniel Barnett, an employment law and HR barrister. I advise and represent clients in employment tribunal litigation. I have my main website (http://www.danielbarnett.co.uk) and work out of a set of Chambers in London (http://www.outertemple.com). I have a weekly podcast (https://go.danielbarnett.com/podcast) and am often asked to speak on the national and international legal and HR lecture circuits. I’ve written about fifteen legal textbooks (the main one is http://www.employmentlawhandbook.co.uk) and run a membership club for smart, ambitious HR Professionals (http://www.hrinnercircle.co.uk). I present the legal hour on LBC Radio (http://www.lbc.co.uk), the UK’s leading commercial talk radio station, at 9pm every Saturday night. • ☎️ CONTACT ME: • If you’d like to talk, I’d love to hear from you. • Twitter / X: / daniel_barnett • Mailing list: https://www.danielbarnett.co.uk/site/... • Podcast: https://go.danielbarnett.com/podcast • Subscribe to this channel - click ‘SUBSCRIBE’ above • Tweeting @daniel_barnett directly is the quickest way to get a response. Sadly there aren’t enough hours in the day to respond to everyone 😭, but I promise I read all messages. • • ♨️ IMPORTANT INFORMATION: • This video is (c) Global Media 2021, reproduced with their permission. The information in this video is for general guidance only and, although the presenters and publisher believe it was correct at the time it was recorded (June 2021), the law may have changed since then. You should always seek your own independent legal advice. Please note that for employment law, the law explained applies to England, Scotland and Wales. For all other areas of law, it applies to England only. • PS: Some of the links in this description are to my own products or are affiliate links that I get a commission from.

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