A growing number of organisations have been found to have discriminated against women because of their gender-critical beliefs, according to recent employment tribunal rulings. Westminster City Council and Social Work England are the latest to join a list that includes Arts Council England, a barristers' chambers and a thinktank.
Gender-critical feminists believe sex is biological and immutable, a view that has clashed with transgender rights advocates in workplaces. The landmark 2021 judgment in Maya Forstater's case established that such beliefs are protected philosophical beliefs under the Equality Act. Since then, at least 19 current cases have been identified by the campaign group Sex Matters.
Legal experts warn that employers may be acting hastily on a politically charged issue. Lucy Lewis, a partner at Lewis Silkin, said there is a temptation for employers to take a kneejerk reaction rather than a considered approach. Georgina Calvert-Lee, an employment barrister, noted that the Forstater and Bailey cases have set a strong precedent of tolerance, emphasising that in a pluralistic society, people must accept that colleagues may hold different views.
Recent cases include social worker Rachel Meade's win against Westminster Council and her regulator, and ongoing claims involving Roz Adams, Kenny McBride, Prof Jo Phoenix, and Shahrar Ali. In settled cases, Girlguiding UK agreed to reflect the distinction between sex and gender in its language, and the UK Council for Psychotherapy conceded that it is a valid professional belief that children with gender dysphoria should receive counselling rather than medical intervention.
