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Maya Forstater wins appeal against employment tribunal over transgender tweet

Ms Forstater’s contract was not renewed in March 2019 after she posted her tweet.

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Maya Forstater who lost her job after claiming people cannot change their biological sex insists her views are a “material reality”, an employment appeal tribunal has heard. Forstater’s contract was not renewed in March 2019 after she posted tweets opposing government proposals to reform the Gender Recognition Act to allow people to identify as the opposite sex (Barney Cokeliss/PA)

A woman who lost her job after claiming people cannot change their biological sex has won her appeal against an employment tribunal.

Maya Forstater’s contract was not renewed in March 2019 after she posted tweets opposing government proposals to reform the Gender Recognition Act to allow people to identify as the opposite sex.

On Thursday, a High Court judge said the original tribunal had “erred in law”, but added: “This judgment does not mean that those with gender-critical beliefs can ‘misgender’ trans persons with impunity.”

Finding in favour of Ms Forstater, Mr Justice Choudhury said her views “may well be profoundly offensive and even distressing”, but said they “must be tolerated in a pluralist society”.

JK Rowling had supported Maya Forstater (Yui Mok/PA)
JK Rowling had supported Maya Forstater (Yui Mok/PA)

Ms Forstater, who worked as a tax expert at the Centre for Global Development (CGD), an international think tank that campaigns against poverty and inequality, took her case to an employment tribunal on the grounds that her dismissal constituted discrimination against her beliefs.

But employment judge James Tayler previously dismissed her claim, saying her views are “absolutist in her view of sex”.

During the employment appeal tribunal in April, she reiterated her views that biological sex is “real, important, immutable, and not to be conflated with gender identity”.

Harry Potter author JK Rowling previously came out in support of the claimant, tweeting: “Live your best life in peace and security.

“But force women out of their jobs for stating that sex is real?”

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