Forstater Appeal Caveat to the Judges Determination that Gender Critical Beliefs ARE a Protected Belief. 10th June 2021 However: a. This judgment does not mean that the EAT has expressed any view on the merits of either side of the transgender debate and nothing in it should be regarded as so doing. b. This judgment does not mean that those with gender-critical beliefs can 'misgender' trans persons with impunity. The Claimant, like everyone else, will continue to be subject to the prohibitions on discrimination and harassment that apply to everyone else. Whether or not conduct in a given situation does amount to harassment or discrimination within the meaning of EgA will be for a tribunal to determine in a given case. c. This judgment does not mean that trans persons do not have the protections against discrimination and harassment conferred by the EgA. They do. Although the protected characteristic of gender reassignment under s.7, EgA would be likely to apply only to a proportion of trans persons, there are other protected characteristics that could potentially be relied upon in the face of such conduct. d. This judgment does not mean that employers and service providers will not be able to provide a safe environment for trans persons. Employers would continue to be liable (subject to any defence under s. 109(4), EgA) for acts of harassment and discrimination against trans persons committed in the course of employment.
The judge might want a word with themself on why the decided as they did, to overrule the appeal caveat b. Protecting trans people from the abuse that this Tribunal welcomed with open arms. And boy oh boy, did #Peggie & #Cunninghame make hay with that judgment catastrophe.
