The former employer of Maya Forstater, Centre for Global Development (CGD), has revealed that it will be returning to the lower Employment Tribunal in order to “dispute [Ms. Forstater’s version of events]”.
In the most recent development of the case, the Centre for Global Development has stated that they are now preparing to return to the lower Employment Tribunal.
This comes after Maya Forstater, who formerly worked as a tax expert at the think-tank, was dismissed after writing several tweets which some of her colleagues deemed transphobic. As such, her contract was not renewed by CGD.
Following her dismissal, Ms. Forstater brought a claim to an Employment Tribunal, citing unfair dismissal on the grounds of being discriminated against due to a protected characteristic – namely, her philosophical beliefs.
An initial Employment Tribunal upheld the dismissal and stated Ms. Forstater had the potential to create an “intimidating, hostile, degrading, humiliating or offensive environment” through her decision to “refer to a person by the sex she considered appropriate even if it violates their dignity”.
However, in a landmark ruling, a second Judge ruled that Ms. Forstater’s gender critical beliefs did in fact fall under the Equality Act as these views “did not seek to destroy the rights of trans persons”.
At the time, the Centre for Global Development stated they were “disappointed and surprised by this ruling”.
The think-tank further expressed their view that this “offensive speech causes harm to trans people, and therefore could not be protected under the Equality Act.”
Now, the Centre for Global Development has declared that, although it will not be challenging the appeal, it will be returning to the Employment Tribunal to make its case and dispute Ms. Forstater’s version of events.
Amanda Glassman, executive vice president of CGD, said:
After careful consideration and consultation about the various legal paths ahead of us, we have decided to fight the next phase of this case back in the Employment Tribunal.
While we are disappointed in the recent ruling by the Employment Appeal Tribunal, we note that the judgment makes clear that while gender-critical beliefs may be protected, actions that harass or discriminate against trans people cannot be undertaken with impunity.
We seek to protect our right and our obligation to maintain a workplace that is welcoming, safe, and inclusive to trans people and any vulnerable minority groups.
We stand by our values of inclusion and that all people should be treated with respect and dignity.
On Twitter, Ms. Forstater expressed her “happiness” that CGD were not appealing the fact that “gender-critical beliefs are worthy of respect in a democratic society”. Ms. Forstater welcomed an Employment Tribunal hearing the rest of the case.
Monica Sharma is an English Literature graduate from the University of Warwick. As Editor for HRreview, her particular interests in HR include issues concerning diversity, employment law and wellbeing in the workplace. Alongside this, she has written for student publications in both England and Canada. Monica has also presented her academic work concerning the relationship between legal systems, sexual harassment and racism at a university conference at the University of Western Ontario, Canada.
