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Feminism: Sex and gender discussions

Enby they/them pronouns - what's the law on this?

390 replies

SirChenjins · 03/03/2026 10:08

New person coming into my team who I think may want others to use they/them. I have a standard team signature that I don't want altered, but if my suspicions are correct and she starts bringing her whole enby self to work, where do we stand legally if I or anyone else says nope, not doing that?

I know the moral arguments on each side of the debate so don't want a rehash of the for's and against's, just want to know where I stand in law .

OP posts:
Manxexile · 03/03/2026 20:19

MyAmpleSheep · 03/03/2026 19:57

The EJ Benson in Lockwood said that he wasn't applying Taylor because the process of reassignment at the core of GR has to be both from one sex and to another, and then went on to say "We have carefully considered the judgment of the Supreme Court in For Women Scotland and believe that there is nothing in the judgment which suggests that our view is incorrect." (I think you're thinking of FWS, as GLP had not yet been heard.)

Reading carefully what the Judge was saying is that he was making his own decision as to the interpretation of the law, and pointing out that this was in any event not contrary to FWS. He was not saying that he found FWS a precedent on this question that had to be followed or that FWS answered the question at issue.

Isn't the point that the protected characteristic of gender reassignment under the Equality Act must presumably refer to reassignment under the GRA, and as the GRA only refers to people "of either gender" (ie either male or female) then non-binary cannot fall within the protected characteristic of gender reassigment?

SirChenjins · 03/03/2026 20:12

Everlil · 03/03/2026 20:06

I think that could be construed as singling them out. You’re making that person compromise when you don’t even know if it will be necessary. You’re not showing equal respect as you’re not doing the same to the others (asking them to compromise by using a perfectly adequate word in order to make a new starter more comfortable). I think you’re making an issue out of something that hasn’t and hopefully will never happen.

Just let the new starter introduce themself how they want and if anyone has an issue they can come to you later and discuss it and talk to both parties about reaching a compromise. You could involve HR in order to cover your back and everyone else’s in that circumstance.

No, I won't do that - no-one will be required to declare their beliefs by raising concerns about this to me. We will have to agree to differ on the approaches each of us would take.

However, if you have any legal advice that adds to the pp's that have linked to case law please do post them.

OP posts:
Heggettypeg · 03/03/2026 20:11

I can see that pointedly and repeatedly using non-preferred pronouns to a person's face might be problematic.

But how can it be "harassment" on occasions when they aren't even there? In that case, the person making trouble in the workplace is whoever takes it upon themself to carry tales.

Mt563 · 03/03/2026 20:10

I highly doubt this person exists and if they do, I'm pretty sure she uses she/her pronouns. If non binary pronouns were important, they'd likely have come up in the interview process. I think you're making assumptions based on appearances.

BackToLurk · 03/03/2026 20:08

Everlil · 03/03/2026 20:06

I think that could be construed as singling them out. You’re making that person compromise when you don’t even know if it will be necessary. You’re not showing equal respect as you’re not doing the same to the others (asking them to compromise by using a perfectly adequate word in order to make a new starter more comfortable). I think you’re making an issue out of something that hasn’t and hopefully will never happen.

Just let the new starter introduce themself how they want and if anyone has an issue they can come to you later and discuss it and talk to both parties about reaching a compromise. You could involve HR in order to cover your back and everyone else’s in that circumstance.

I wonder what other groups are subjected to this preemptive worrying. Devoutly religious people? Active trade unionists? Women with young children?

Everlil · 03/03/2026 20:06

SirChenjins · 03/03/2026 19:57

No, what I will do (if indeed it arises) is to chat this through with the new start and agree a compromise that will take account of all protected characteristics. It can be very difficult to declare a 'side' here, possibly more so if you have GC views and don't know how that will be perceived by your manager, and so I will acknowledge and show equal respect for all views from a legal pov (repeating the last 3 words for emphasis).

Edited

I think that could be construed as singling them out. You’re making that person compromise when you don’t even know if it will be necessary. You’re not showing equal respect as you’re not doing the same to the others (asking them to compromise by using a perfectly adequate word in order to make a new starter more comfortable). I think you’re making an issue out of something that hasn’t and hopefully will never happen.

Just let the new starter introduce themself how they want and if anyone has an issue they can come to you later and discuss it and talk to both parties about reaching a compromise. You could involve HR in order to cover your back and everyone else’s in that circumstance.

Hoardasurass · 03/03/2026 20:02

MyAmpleSheep · 03/03/2026 19:57

The EJ Benson in Lockwood said that he wasn't applying Taylor because the process of reassignment at the core of GR has to be both from one sex and to another, and then went on to say "We have carefully considered the judgment of the Supreme Court in For Women Scotland and believe that there is nothing in the judgment which suggests that our view is incorrect." (I think you're thinking of FWS, as GLP had not yet been heard.)

Reading carefully what the Judge was saying is that he was making his own decision as to the interpretation of the law, and pointing out that this was in any event not contrary to FWS. He was not saying that he found FWS a precedent on this question that had to be followed or that FWS answered the question at issue.

Thanks my mistake

MyAmpleSheep · 03/03/2026 19:57

Hoardasurass · 03/03/2026 19:38

No the judge did mention the jaguar land rover case and said it had been superseded (I cant remember the exact wording) in the high crt ruling against the glp.
That said its really moot as nb isn't recognised in UK law anyway

The EJ Benson in Lockwood said that he wasn't applying Taylor because the process of reassignment at the core of GR has to be both from one sex and to another, and then went on to say "We have carefully considered the judgment of the Supreme Court in For Women Scotland and believe that there is nothing in the judgment which suggests that our view is incorrect." (I think you're thinking of FWS, as GLP had not yet been heard.)

Reading carefully what the Judge was saying is that he was making his own decision as to the interpretation of the law, and pointing out that this was in any event not contrary to FWS. He was not saying that he found FWS a precedent on this question that had to be followed or that FWS answered the question at issue.

SirChenjins · 03/03/2026 19:57

Everlil · 03/03/2026 19:50

As long as you tell whoever is uncomfortable with using the word ‘they’ that are making the person who wants to be referred to as ‘they’ uncomfortable then that’s fine. That way you can’t be accused of taking sides or prioritising one person’s uncomfortableness over another’s.

Personally I would stay completely out of it, unless someone specifically comes up to you to tell you another person’s language is making them uncomfortable.

No, what I will do (if indeed it arises) is to chat this through with the new start and agree a compromise that will take account of all protected characteristics. It can be very difficult to declare a 'side' here, possibly more so if you have GC views and don't know how that will be perceived by your manager, and so I will acknowledge and show equal respect for all views from a legal pov (repeating the last 3 words for emphasis).

OP posts:
Hoardasurass · 03/03/2026 19:54

godmum56 · 03/03/2026 19:47

no. No it is not and you know it.

Yes it is as both invole doing something that goes against another person's philosophical belief

Everlil · 03/03/2026 19:53

RichardMarxisinnocent · 03/03/2026 17:58

Surely you'd just say "sorry no I haven't seen them" rather than repeating "the receptionist"? If the question was "have you seen Lisa?" you wouldn't reply, "sorry I haven't seen Lisa" would you? You'd say "sorry I haven't seen her".

I think most people would just say ‘no’. As in, ‘have you seen Lisa’?, ‘No’.

BackToLurk · 03/03/2026 19:52

LovelyCrocus · 03/03/2026 19:29

Jane has stated that she requires other people to use they/them pronouns when talking about her. Jane wouldn’t insist on they/them pronouns if she accepted that she’s a singular female being.

This means one of:

  • Jane believes she’s really, genuinely neither male nor female.
  • Jane knows she’s female, but she doesn’t believe she’s only one person.

Neither are true, but either could be her belief.

If you insist on saying that Jane is female then her insistence on plural pronouns must be because she believes she’s more than one person.

If you insist on believing that Jane is one person and you believe her to be female despite using her chosen they/them pronouns (and you’ve clearly stated you do) when Jane believes herself to be non-binary, then by the rules of trans rights you’re simply a transphobic bigot.

Or Jane knows they are female but prefers to use they/them pronouns because she doesn’t ’identify as female’. I may inwardly roll my eyes at that. I may avoid any pronouns because I think this is bollocks. I may use they/them pronouns if I remember. I don’t really care if the ‘rules of trans rights’ label me a transphobic bigot. HTH.

Hoardasurass · 03/03/2026 19:52

ATranssexualWoman · 03/03/2026 19:44

There has been case law on this. I'd look up the Lister case, an employee refused to use They/Them pronouns and was lawfully sacked over it.

His case failed not because he refused to use chosen pronouns but because he was an abusive twat in the way he refused ie calling her it, and the fact that he wouldn't use the child's chosen name either. That case also involved a girl who identified as a boy not a nb.
So no compelled pronoun use isn't legally mandated

Everlil · 03/03/2026 19:50

SirChenjins · 03/03/2026 17:19

Thanks everyone - some really good advice and some interesting opinions.

If the p word arises (and if it doesn't, grand), I will say something along the lines of that she or I can put forward her request but that there may be people in the team who may feel uncomfortable with it, and suggest that using her first name in her absence or 'you/your/you're' would seem a reasonable compromise. Does that sound OK from a legal pov all round?

As long as you tell whoever is uncomfortable with using the word ‘they’ that are making the person who wants to be referred to as ‘they’ uncomfortable then that’s fine. That way you can’t be accused of taking sides or prioritising one person’s uncomfortableness over another’s.

Personally I would stay completely out of it, unless someone specifically comes up to you to tell you another person’s language is making them uncomfortable.

godmum56 · 03/03/2026 19:48

Ronnyfrau · 03/03/2026 19:33

What if Jane decides Jane is a dog 🐶?

dog is not a pronoun.

godmum56 · 03/03/2026 19:47

Hoardasurass · 03/03/2026 18:55

Would you say the same to a vegan person about just eating the ham sandwich because a meat eater asked them too?
I ask because its the same thing

no. No it is not and you know it.

AccidentalPrawnYouFool · 03/03/2026 19:46

LovelyCrocus · 03/03/2026 19:36

By demanding other people abandon the rules of grammar and adhere to Jane’s chosen pronouns, Jane IS imposing her mindset on other people against their will.

But who cares?! They’re just words. I’d hate for anyone who worked for me or alongside me in my team to feel uncomfortable, and as per my previous message earlier I am actually gender critical and think it’s a load of nonsense. That said, I can’t get that worked up about the grammar. If you imagine or pretend you don’t actually know Jane’s actual biological sex then in that instance they / them works fine. What is in Jane’s underwear has no impact on how Jane is going to do their actual job and therefore is no one’s business and not relevant in a business setting.

SirChenjins · 03/03/2026 19:45

ATranssexualWoman · 03/03/2026 19:44

There has been case law on this. I'd look up the Lister case, an employee refused to use They/Them pronouns and was lawfully sacked over it.

Was that the teacher case? If so, it wasn't simply a case of not using preferred she/he pronouns - there was far more to it, and I have no intention of replicating the teacher's approach.

OP posts:
ATranssexualWoman · 03/03/2026 19:44

There has been case law on this. I'd look up the Lister case, an employee refused to use They/Them pronouns and was lawfully sacked over it.

OpheliaWitchoftheWoods · 03/03/2026 19:40

This reply has been withdrawn

This has been withdrawn by MNHQ at the poster's request.

Mt563 · 03/03/2026 19:38

What makes you think this will be necessary? Has she asked? I assume not. Has she stated she's non binary? Not all use they/ them pronouns. Or is she just not preforming femininity well enough for you?

Hoardasurass · 03/03/2026 19:38

MyAmpleSheep · 03/03/2026 19:09

I don't think it's quite that simple. Castellucci focused on the GRA and whether a NB identifying person had a right to a GRC sex other than male or female - they didn't. It didn't touch on matters under the EA2010.

I don't think non-binary is mentioned anywhere in GLP or FWS. FWS reiterates the definition of GR from the EA2010, but doesn't comment much further, that I can see.

And while I agree that the definition of GR doesn't appear to allow for people claiming to be NB to use the umbrella of GR as a PC but it was allowed by the first level ET in Taylor v Jaguar Landrover - and that was not appealed, so it is the only directly relevant case law we have.

You may be right that if Taylor was heard now it would be decided differently - but it doesn't seem entirely obvious to me.

No the judge did mention the jaguar land rover case and said it had been superseded (I cant remember the exact wording) in the high crt ruling against the glp.
That said its really moot as nb isn't recognised in UK law anyway

LovelyCrocus · 03/03/2026 19:36

AccidentalPrawnYouFool · 03/03/2026 19:32

This. It’s just common decency! OP you can think Jane is batshit all you want privately and as long as Jane doesn’t infringe Jane’s mindset on others or have a chip on Jane’s shoulder about it, then it can all remain respectful and a non-issue. You seem combative to
be honest.
Is it your own business, as in, do you own the company? Or do you just work there? If it’s the latter I’d really not choose this as your hill to die on.

By demanding other people abandon the rules of grammar and adhere to Jane’s chosen pronouns, Jane IS imposing her mindset on other people against their will.

Ronnyfrau · 03/03/2026 19:33

What if Jane decides Jane is a dog 🐶?

SirChenjins · 03/03/2026 19:32

Respect for other people's beliefs go both ways @KimTheresPeopleThatAreDying and protected characteristics are equal - as manager I won't compel anyone to do anything they feel uncomfortable with re their beliefs. As I've said in my pp I will work with the new start to reach a compromise if the need arises that protects everyone from a legal pov. My OP made it clear that I'm not looking to rehash the old should you/shouldn't you arguments, but to clarify the law around this so that I'm clear from the outset (if it's needed).

OP posts:
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