How should judges approach cases involving gender critical views? In this week’s NLJ, Oscar Davies, barrister at Garden Court Chambers, discusses this developing area of law
Davies asserts that judges may have taken a wrong turn in some recent cases relating to the Equality Act 2010. They consider a range of examples, including an in-depth look at ‘belief’ in the case of Maya Forstater, a sustainable development researcher who expressed gender critical views.
They write: ‘The tribunals have tied themselves in knots, which are only going to get knottier—with more claims coming from both sides—if they are not untangled soon. The consequence is that workplaces become less safe for trans people, and trans people may be less likely employed by employers due to envisaged issues.’
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