Maya Forstater awarded over £100,000 following remedy hearing in gender critical belief discrimination case

The landmark case of Forstater v CGD Europe Limited was notable as the first case in which the UK courts confirmed that gender critical views (the belief that sex is biological and immutable) can form a protected philosophical belief under Equality Act 2010.

Ms Forstater had succeeded in claiming that she had been directly discriminated against when she was offered no further CGD consultancy work and a visiting fellowship was not renewed after she had made her gender critical views public.

Following a recent remedy hearing she has now been awarded over £100,000 in damages, including loss of earnings, injury to feelings and aggravated damages. The injury to feelings award was £25,000. She was also awarded £2,000 in aggravated damages.

This remedy judgment is useful for employers as it provides a clear guide as to where tribunals are likely to pitch injury to feelings awards in similar cases.

A reminder, if one was needed, that failing to treat employees with respect or treating them differently because of their beliefs can be very costly for employers.

For anyone who attended our “How to balance religious beliefs and complaints at work” webinar, this case will resonate: getting it wrong when someone legitimately gives expression to their religious or philosophical beliefs, could be costly.

We offer training in this complex and subjective area, exploring how to balance the rights of employee’s protected characteristics, and making sure that everyone feels respected at work, and that their democratic fundamental freedoms remain intact.

Sarah Walker, Trainer, Vista

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