Woman Sacked for Saying ‘Biological Sex Is Real’ Wins £100,000 Compensation

Woman Sacked for Saying ‘Biological Sex Is Real’ Wins £100,000 Compensation
Undated handout photo of Maya Forstater, issued on April 27, 2021. PA Media
Alexander Zhang
Updated:

Maya Forstater, who lost out on a job for saying people cannot change their biological sex, has been awarded £100,000 ($127,000) compensation by an employment tribunal.

She was awarded the payout after it was found she experienced discrimination and victimization at work.

Forstater, who worked as a tax expert at the Centre for Global Development (CGD), didn’t get a renewal of her contract 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 without a medical diagnosis of gender dysphoria.

In a judgment handed down on Friday, three judges at a London tribunal awarded Forstater compensation of £91,500 ($116,000) and interest of £14,904.31 (almost $19,000).

The compensation is for loss of earnings, injury to feelings, and aggravated damages after the CGD did not renew her contract.

‘Significant Compensation’

Forstater, who co-founded the Sex Matters campaign group two years ago, told The Times of London on Friday: “I’m happy it’s over and happy I got significant compensation.

“I think it sends a message to employers that this is discrimination like any other discrimination and that the compensation can be significant.

“Organisations are going to have to rethink all of their approach to equality and diversity to make sure they really are following the law and not just what activists tell them.”

Writer J.K. Rowling poses for the media at the world premiere of the film "Fantastic Beasts: The Crimes of Grindelwald" in Paris on Nov. 8, 2018. (Christophe Ena/AP Photo)
Writer J.K. Rowling poses for the media at the world premiere of the film "Fantastic Beasts: The Crimes of Grindelwald" in Paris on Nov. 8, 2018. Christophe Ena/AP Photo

Harry Potter author JK Rowling, who has voiced her support for Forstater before, took to Twitter to congratulate her on her payout.

She wrote: “Congratulations to @MForstater, who receives over £100k in compensation from @cgdev, who were found to have discriminated against her due to her gender critical beliefs, which, as her case established, are worthy of respect in a democratic society. #SexMatters.”

Protected Belief

Forstater’s victory against the CGD came after a ruling at an employment tribunal in June 2021 when she successfully established a binding legal precedent that “gender-critical beliefs were in principle protected by the Equality Act.”
In July 2022, a fresh employment tribunal ruled that the negative consequences from Forstater’s expressions of her protected gender-critical beliefs were “unlawfully discriminatory” and constituted “direct discrimination.”

Commenting on the verdict at the time, Forstater said that her case “matters for everyone who believes in the importance of truth and free speech.”

“We are all free to believe whatever we wish,” she said. “What we are not free to do is compel others to believe the same thing, to silence those who disagree with us, or to force others to deny reality.”

“Human beings cannot change sex. It is not hateful to say that; in fact it is important in order to treat everyone fairly and safely. It shouldn’t take courage to say this and no-one should lose their job for doing so,” she added.

Commenting on Friday’s ruling on compensation, a CGD spokesperson said: “Following the employment tribunal’s remedy judgment, the case brought against CGD, its president, Masood Ahmed, and CGD Europe by Maya Forstater will come to a close.”

“CGD has and will continue to strive to maintain a workplace that is welcoming, safe, and inclusive to all,” the spokesperson added.

Legal Cases

In addition to Forstater’s case, there have been several legal cases involving “gender-critical” beliefs.
Last week, Denise Fahmy won her claim against her former employer, Arts Council England (ACE), at the Leeds Employment Tribunal.

In a unanimous judgment, the tribunal ruled that Fahmy was subjected to harassment at her workplace for expressing her belief that people cannot change sex.

In July 2022, London-based barrister Allison Bailey won a discrimination case against her own firm after she was placed under investigation for opposing what has been characterised as LGBT charity Stonewall’s “trans extremism.”

Some cases remain ongoing.

In 2021, former criminal defence barrister James Esses was expelled from his psychotherapist training course, three years in. He alleges that this was for openly discussing his fear that young children are actively encouraged to transition gender.

In October 2022, a judge ruled that his claim can be heard in court.

Esses told NTD’s “British Thought Leaders” programme last month that he fears the gender ideology will have “serious negative repercussions” if unchallenged.
Owen Evans and PA Media contributed to this report.