"increasingly likely that the decision in Forstater will not survive an appeal": Karon Monaghan QC

[ArranUpsideDown]

The Forstater Employment Tribunal judgment: a critical appraisal in light of Miller – by Karon Monaghan QC

Detailed critique with promising conclusions (Monaghan is of the opinion that Maya's appeal would success):

It does seem unlikely that a belief could be said to be unworthy of respect in a democratic society, incompatible with human dignity and in conflict with the fundamental rights of others, even when not expressed (as was the issue in Forstater) in circumstances when their expression would be protected under human rights law notwithstanding Article 17 (this is so especially given the need to construe the EA 2010 in conformity with the Convention rights “so far as it is possible to do so”: s. 3, Human Rights Act 1998). In the employment context, the question of the expression of protected opinion may give rise to particular issues as to the justification for any interference; but declaring a belief unprotected at all for the purpose of Article 9 ought to be left to those beliefs that would be captured by Article 17 (fascist/holocaust denial etc).

In any event, it seems increasingly likely that the decision in Forstater will not survive an appeal.

uklabourlawblog.com/2020/02/19/the-forstater-employment-tribunal-judgment-a-critical-appraisal-in-light-of-miller-by-karon-monaghan/

Worth reading in full.

It is somewhat surprising – and bold – for an ET to conclude that a “view” held by the senior courts and reflected in judgments spanning 40 years are not worthy of respect in a democratic society, not compatible with human dignity and conflicted with the fundamental rights of others.

TL;DR: there is not a cat in hells chance of this batshit judgement, with no legal basis, holding up in a real court.

That's a really interesting and well written article.
It makes me feel quite hopeful for a positive outcome.