Belief in biological sex upheld by Maya Forstater tribunal

An employer unfairly treated Maya Forstater on the basis of her ‘gender-critical’ beliefs, a tribunal has found.

Judge Andrew Glennie ruled that Maya Forstater had been subject to both “direct discrimination” and “victimisation” by the Centre for Global Development (CDG) for defending the reality of biological sex.

Last year, the Employment Appeal Tribunal overturned a previous tribunal decision. It declared Forstater’s beliefs were protected under the Equality Act 2010 and Mr Justice Choudhury ordered the case to be reconsidered.


This time, the new Employment Tribunal decided that Forstater’s complaints of mistreatment by CDG under the Equality Act were “well-founded”.

It explained that CDG’s “decisions not to offer Ms Forstater a full contract of employment and not to renew her Visiting Fellowship” had been “taken at least in part because of her belief, and therefore amounted to direct discrimination”.

It added: “The reasons for deciding this include a finding that the way in which Ms Forstater expressed her belief, in particular in tweets, was not such that objection could reasonably be taken to it, when considered in the context of the ongoing debate.”

My case matters for everyone who believes in the importance of truth and free speech.

The judgment summary also stated that Forstater had been victimised “because of her previous allegations” when her employer removed her profile from their website.

Turning tide

Welcoming the decision, Forstater said: “My case matters for everyone who believes in the importance of truth and free speech.

“We are all free to believe whatever we wish. What we are not free to do is compel others to believe the same thing, to silence those who disagree with us or to force others to deny reality.

“Human beings cannot change sex. It is not hateful to say that”.

Her press statement concluded: “We have had enough of being sidelined in language, law, policy and public spaces. This judgment is further evidence that the tide is turning.”

Human beings cannot change sex. It is not hateful to say that


Following the announcement, author JK Rowling tweeted: “Every woman who’s been harassed, silenced, bullied or lost employment because of her gender critical beliefs is freer and safer today, thanks to the warrior that is @MForstater.”

Please accept preferences cookies to view this content.

Employment Tribunal Judge Glennie stated that “remedies” and outstanding issues from the case would be dealt with at a further hearing.

Also see:

Pastor to Scot Govt: ‘Biological sex no mere social construct’

MP: ‘Sex is immutable’

BBC wrong to brand JK Rowling’s views on gender identity as ‘very unpopular’

‘Collective frenzy’ over trans rights a cause for concern, says Attorney General

Related Resources