A series of employment tribunal rulings since 2021 have considered whether and to what extent gender-critical beliefs count as “philosophical beliefs”. Philosophical beliefs are protected from discrimination under the Equality Act 2010.
Gender-critical beliefs include the belief that sex is biological and immutable, people cannot change their sex and sex is distinct from gender-identity.
The rulings also explore how protections for philosophical beliefs (under section 10 of the Act) interact in the workplace with the protections from discrimination on the basis of sex or gender reassignment under sections 7 and 11.
This Insight looks at three significant recent cases and what they mean for employment law in this area.
The Grainger criteria are important background for all three cases. This is the test, established by the Employment Appeal Tribunal (EAT) in a 2009 case Grainger plc v Nicholson, for whether something qualifies as a “philosophical belief” under the Equality Act. There are five criteria such a belief must meet:
(i) The belief must be genuinely held.
(ii) It must be a belief and not, [simply], an opinion or viewpoint based on the present state of information available.
(iii) It must be a belief as to a weighty and substantial aspect of human life and behaviour.
(iv) It must attain a certain level of cogency, seriousness, cohesion and importance.
(v) It must be worthy of respect in a democratic society, be not incompatible with human...
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