Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Case lawLatest NewsGender reassignment discriminationEmployment tribunalsLGBT

Christian doctor in transgender pronoun row loses at employment tribunal

by Ashleigh Webber 8 Oct 2019
by Ashleigh Webber 8 Oct 2019 Image: Matthew Cooper/PA Wire/PA Images
Image: Matthew Cooper/PA Wire/PA Images

The Christian doctor who refused to refer to transgender benefits claimants by their relevant pronouns has lost his claim for religious discrimination and harassment.

Dr David Mackereth claimed he was dismissed from his role as a health and disabilities assessor at the Department for Work and Pensions after he said using transgender individuals’ preferred pronouns and titles would be at odds with his Christian faith and he would not be able to do so in good conscience.

Religious discrimination

Recruitment consultant wins religious discrimination claim

Religious discrimination: seven religion and belief questions in the workplace

Proselytising Christian nurse loses second appeal against dismissal

However, an employment tribunal in Birmingham found that his objection to transgenderism was “incompatible with human dignity” and any refusal to refer to a transgender person by their relevant pronouns would constitute unlawful discrimination or harassment under the Equality Act.

Dr Mackereth was a contract worker for employment agency Advanced Personnel Management at DWP’s assessment centre in Birmingham.

Upon beginning his role in May 2018, he attended an induction session in which another worker asked how assessors should refer to transgender claimants. The lead physician said it was DWP’s policy that transgender individuals would be referred to by their preferred name, gender pronoun and title.

Dr Mackereth told the physician that he did not have an issue with using whatever first name the service user wished to use, but as a Christian he did have an issue using pronouns inconsistent with the person’s birth gender.

The tribunal heard that a few days later he was called out of work for an urgent meeting with APM’s contract manager to ask him about his beliefs in relation to the use of pronouns. He claimed the meeting culminated in being asked: “if you have a man six feet tall with a beard, who says he wants to be addressed as ‘she’ and ‘Mrs’; would you do that?”. He said he would not be able to do so.

He claimed he was then told DWP would not allow him to work directly with clients if he did not agree to use claimants’ chosen pronouns. As he did not have enough experience to work solely with case notes rather than attend face-to-face meetings, this suggestion meant he was likely to lose his job.

The following day Dr Mackereth left work early because he felt too upset and distracted to carry out his work properly. However, he claimed he was suspended, which was denied by DWP and APM.

On 25 June, APM sent him an email stating: “On behalf of DWP we would like to ask you one final time whether you would follow the agreed process as discussed in your training and that in any assessment you conduct, that you refer to the customer by their chosen sexuality and name? We are of course happy to provide help and support on this. If however you do not wish to do this, we will respect your decision and your right to leave the contract.” Dr Mackereth responded that he could not do so because of his Christian faith.

In the tribunal’s decision published last week, Judge Christopher Perry said refusing to refer to a transgender person by their relevant pronouns, titles and sex would be discriminatory and noted that any person holding Dr Mackereth’s beliefs would have been treated by the DWP and APM in the same way as somebody who did not hold such beliefs.

He said: “It is important given the public interest in this case that we make clear this case did not concern whether Dr Mackereth is a Christian and if that qualifies for protection under the Equality Act. That was never in dispute. Nor do we have any doubt that he also genuinely (and fervently) held the beliefs we set out in full or his entitlement to hold those beliefs.

“What this case concerned is whether he was entitled to manifest those beliefs in the circumstances that applied here. He accepted that his beliefs meant that insofar as a service user was a transgender individual within the meaning of the Equality Act, that whilst he did not wish them to, his actions would cause offence and potentially breach the Equality Act.

“We find that if the service user also held a full gender recognition certificate Dr Mackereth’s position was that he would also potentially breach the Gender Recognition Act for the reasons we give above.”

Dr Mackereth intends to appeal the decision. He said: “Without intellectual and moral integrity, medicine cannot function and my 30 years as a doctor are now considered irrelevant compared to the risk that someone else might be offended.

“I believe that I have to appeal in order to fight for the freedom of Christians – and any other NHS member of staff – to speak the truth.

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

“If they cannot, then freedom of speech has died in this country, with serious ramifications for the practice of medicine in the UK.”

Diversity and inclusion opportunities on Personnel Today

Browse more Diversity and inclusion jobs

Ashleigh Webber

Ashleigh is a former editor of OHW+ and former HR and wellbeing editor at Personnel Today. Ashleigh's areas of interest include employee health and wellbeing, equality and inclusion and skills development. She has hosted many webinars for Personnel Today, on topics including employee retention, financial wellbeing and menopause support.

previous post
Sir Brendan Barber: Why we need conflict
next post
Warnings as Brexit and China stifle recruitment firms

You may also like

Consultation launched after Supreme Court ‘sex’ ruling

20 May 2025

RCN warns Darlington NHS trust over single-sex spaces

16 May 2025

EHRC bows to pressure and extends gender consultation

15 May 2025

‘Unacceptable to question integrity’ of Supreme Court judgment

2 May 2025

Trans ex-judge to appeal Supreme Court biological sex...

29 Apr 2025

EHRC: Interim update on single-sex spaces draws criticism

28 Apr 2025

Opposition to Supreme Court sex ruling is ‘wishful...

22 Apr 2025

Union branch wants rights for polyamorous people

9 Apr 2025

Darlington nurses’ changing room case delayed to October

3 Apr 2025

University of Sussex attacks Kathleen Stock freedom of...

27 Mar 2025

  • 2025 Employee Communications Report PROMOTED | HR and leadership...Read more
  • The Majority of Employees Have Their Eyes on Their Next Move PROMOTED | A staggering 65%...Read more
  • Prioritising performance management: Strategies for success (webinar) WEBINAR | In today’s fast-paced...Read more
  • Self-Leadership: The Key to Successful Organisations PROMOTED | Eletive is helping businesses...Read more
  • Retaining Female Talent: Four Ways to Reduce Workplace Drop Out PROMOTED | International Women’s Day...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+