The Employment Appeal Tribunal has allowed Maya Forstater’s appeal. In a guest post, Russell Sandberg discusses an important decision.

The Employment Appeal Tribunal has handed down its decision in Forstater v CGD Europe & Ors [2021] UKEAT/0105/20/JOJ, allowing Maya Forstater’s appeal against the earlier employment tribunal decision ([2019] ET 2200909/2019) and remitting the case to a new tribune to consider the full merits of the claim.

The case has proved controversial in that the belief in question is the belief that sex is biologically immutable. However, as the EAT’s decision is at pains to point out, its focus is not on the merits of either side of what it calls the ‘transgender debate’ [2] but is rather on the technical question of whether the original employment tribunal erred in law by finding that the belief in question did not constitute a belief for the purpose of the Equality Act 2010.

The legal background Continue reading →