Maya Forstater, the woman who successfully appealed that her gender-critical views were protected as a philosophical belief, has been awarded more than £100,000 in a remedy judgment at the employment tribunal.
The Center for Global Development was ordered to pay £105,800 in compensation to Forstater, after it was found to have engaged in unlawful discrimination in its decision not to offer her an employment contract or to renew her visiting fellowship.
So many organisations still believe what they are told by the activists, that anyone who recognises that sex is real is a bigot — and in fact, it’s those people who are bigots. They are prejudiced.” – Maya Forstater
The award included aggravated damages for “oppressive and high-handed conduct” in public statements that CGD president Sir Masood Ahmed and vice president Amanda Glassman made during the course of the case, which the tribunal said overstated judicial observations about the claimant’s belief, and suggested that her belief could be equated to bigotry.
Last summer, Forstater, who was a researcher at the Center for Global Development, won her employment tribunal claim for direct discrimination and victimisation after she was dismissed by CGD after she expressed views relating to transgender issues on her personal Twitter account.
The tweets included: “I don’t think people should be compelled to play along with literal delusions like ‘trans-women are women’”, and “radically expanding the legal definition of ‘women’ so that it can include both males and females makes it a meaningless concept, and will undermine women’s rights and protection for vulnerable women and girls”.
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Staff at CGD complained that the tweets were transphobic and made them feel uncomfortable. An investigation into Forstater’s conduct followed and she was no longer offered consultancy work, nor was her visiting fellowship contract at the organisation renewed.
In her original 2019 employment tribunal hearing, Judge Tayler dismissed her claim, stating that her views were “absolutist” and “not worthy of respect in a democratic society”.
In 2021, the Employment Appeal Tribunal ruled that the tribunal had applied the law erroneously and should have ruled that her views on gender constituted a philosophical belief.
Justice Choudhury found that the tribunal had strayed into an evaluation of the claimant’s belief, which was irrelevant in determining whether her belief qualified for protection under the Equality Act. The tribunal had failed to remain neutral, the judgment said.
The case was reheard at the employment tribunal and a different judge, Andrew Glennie, found that the respondents directly discriminated against Forstater because of her beliefs.
In a remedy judgment, published on Friday (30 June), the tribunal awarded: £27,000 for injury to feelings including aggravated damages; loss of earnings of £14,000; loss of chance and loss of earning capacity of £50,000; plus interest of £14,800.
Forstater, co-founder of the campaign group Sex Matters, told The Times: “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.
“So many organisations still believe what they are told by the activists, that anyone who recognises that sex is real is a bigot — and in fact, it’s those people who are bigots. They are prejudiced.
“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.”
In a statement, the Center for Global Development said: “CGD has and will continue to strive to maintain a workplace that is welcoming, safe, and inclusive to all.
“The resolution of this case will allow us once again to focus exclusively on our mission: reducing global poverty and inequality through economic research that drives better policy and practice.”
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