@TheKeatingFive I posted this on the FWR thread about ERCC
Sharon Cowan believes that Forstater etc is wrong and will be overturned.
https://academic.oup.com/ilj/article/51/1/1/6536993
...In contrast, the EAT’s decision in the Forstater appeal, in our view, risks making it more difficult in practice for employers to create diverse and inclusive workplaces. We conclude that, while the approach of the courts should be flexible and fact-sensitive, it should be founded upon coherent principles that are applied consistently, balancing and reconciling conflicting rights in line with the values of the EqA. This is especially important in the current context in which there is an ongoing debate, particularly in the discrimination and human rights context, about the extent to which trans people’s rights are adequately protected and whether and to what degree protecting such rights harms or infringes the rights and freedoms of others.6...
This aged well
....Therefore, even if, as the EAT decided in Forstater, some gender critical views are protected, it may be that Ms Forstater’s unlawful discrimination claims will not succeed once the facts are considered by a Tribunal...
Oh dear, how inconvenient that you can't discriminate and harass women who know what a woman is with impunity:
....But the EAT’s new approach will likely be most problematic for those tasked with practical application of the EqA in the workplace. Taking as an example homophobic or sexist views, businesses requiring staff to work within the parameters of its equality policy, whether to respect colleagues in the workplace or to help ensure non-discriminatory practices towards customers, are more likely to encounter resistance on the basis that individuals do not personally endorse such views, and that their alternative beliefs are protected now. Inevitably, businesses are likely to find themselves defending claims of unlawful discrimination brought by such individuals. Given the widened definition of a protected belief, it may not be difficult for any disgruntled worker to identify a belief for which she or he can allege less favourable treatment.
As a consequence of this new approach, several concerns arise. First, consideration as a preliminary issue of whether gender critical beliefs are protected is unlikely to prevent such claims progressing to a full hearing, and it will prove time consuming and costly for businesses to defend those claims. Secondly, where those who have manifested gender critical views claim unfavourable treatment, businesses may have to defend those claims by asking already vulnerable individuals, who have been subjected to unlawful discrimination and/or harassment by Claimants, to give evidence at a Tribunal....
But we hope to be able to again one day
...Our hope is that when the occasion arises, a higher court will overrule the Forstater EAT decision and approach to applying the fifth Grainger criteria: not all beliefs are equal, and not all ought to be privileged by receiving the additional protections available under the EqA, an objective of which is to increase equality of opportunity and more generally to eliminate discrimination.155...