One of the most high-profile and contentious issues in workplace equality today revolves around transgender rights and gender-critical beliefs. This area highlights the importance of having sound policies that balance these potentially conflicting rights under the Equality Act in the UK, and a variety of local legislation in the US and other countries.
Under the Equality Act and many other national equality laws, gender or sex reassignment is protected. This means that individuals who have undergone, are undergoing, or plan to undergo sex reassignment cannot be discriminated against on that basis. At the same time, employment tribunals have also established that gender-critical beliefs—the view that a person cannot change their biological sex—are also protected under the Equality Act’s provision for religion and belief. This means that individuals cannot face workplace discrimination for holding or expressing such beliefs.
What have employment tribunals on transgender issues decided?
Workplaces are thus tasked with navigating a delicate balancing act between these two protected rights. For instance, some employees holding gender-critical beliefs have successfully argued at employment tribunals that they were unfairly treated or pushed out of their roles for expressing these views, often on their personal social media outside work hours. There have been cases where gender-critical feminists faced severe backlash, including what has been described as “witch hunts,” for simply articulating their protected beliefs in a personal capacity.
Some of these employment tribunals have also sparked concerns about whistleblowing protections, as well as bullying and victimisation. Eleanor Frances, a former civil servant, settled an Employment Tribunal case for over £116,000 with two government departments. She had raised concerns about the adoption of a Stonewall-backed gender identity and intersex policy without proper consultation. After settling the case, the government departments agreed to review their policies.
Conversely, transgender employees have also won tribunal cases after experiencing discrimination in the workplace. Examples include employers refusing to update IT systems with their new name, continuing to use their previous name on official records, or failing to provide inclusive policies for transgender employees. Such actions can create a hostile environment and undermine the protections guaranteed by the Equality Act.
Workplaces should prepare for strong views, and in particular how vocal activists on either side of this (or any other hot-button cultural issue) could cause a compliance issue. In a recent employment tribunal case, an employee protested the organisation’s voluntary policy encouraging staff to include pronouns in email signatures by modifying his own signature to read “XYchromosomeGuy/AdultHumanMale.” Despite requests from management to remove this addition, he refused, leading to his dismissal. The tribunal concluded that the termination was not a response to his beliefs but to the provocative and inappropriate way he expressed them. The employee’s actions were deemed disruptive to the organisation’s efforts to promote inclusivity and posed potential harm to its reputation and relationships with service users.
What do these rulings mean for businesses?
The answer is clear, consistent policies that uphold the rights of all employees while promoting respect and understanding between differing perspectives. Ensure your organisation reduces the risk of a compliance failure by developing policies which balance efforts to foster inclusive workplaces with the legal obligation to respect employees’ rights to hold and express lawful philosophical or religious beliefs. This includes gender-critical beliefs, which are recognised as protected beliefs under the Equality Act 2010.
It’s important that DEI policies do not impose ideologically driven requirements that could infringe on employees’ rights. Policies and training programmes must be clear, neutral, and compliant with equality laws, avoiding coercive or politicised language. Employers should also ensure consultation with staff or representatives when adopting significant changes, particularly those related to sensitive issues such as gender identity or single-sex spaces.
Another aspect of the case is the importance of fostering a workplace culture where employees feel safe to raise concerns without fear of reprisal. Retaliatory actions or unfair treatment of whistleblowers not only erode trust but also risk legal consequences for victimisation or constructive dismissal. Businesses should ensure that internal grievance and whistleblowing mechanisms are robust, impartial, and accessible to all employees.
Join our free, 1-hour webinar on “The culture wars at work – Managing protected beliefs under the UK Equality Act” on Wednesday 12 March, 2025 at midday UK time.
Employers are increasingly facing complex challenges when managing a diverse workforce, especially when it comes to issues surrounding protected beliefs under the UK Equality Act 2010.
One of the most challenging areas is balancing the rights of employees who hold gender-critical beliefs with the rights of transgender employees. This issue has sparked significant debate and legal cases in recent years, making it critical for organisations to understand how to manage these sensitive situations effectively and in compliance with the law.
In this webinar, we’ll explore how the Equality Act 2010 defines and protects different types of beliefs and characteristics, and how to manage the potential for conflict between them. Alongside employment law experts from Worknest, we’ll examine real-world case studies and offer practical advice on creating policies, preventing discrimination, and reducing the risk of disputes ending up at an Employment Tribunal.
