EAT: Choudhury P, Mr C Edwards and Mrs MV McArthur) UKEAT/0105/20/JOJ, [2021] IRLR 706, 10 June 2021

The EAT allowed the claimant’s appeal against a finding of the employment tribunal (Employment Judge Tayler) that the claimant’s “gender critical” views fell outwith the protection afforded by the EqA to “belief”. The EAT ruled that the tribunal had misapplied the test in Grainger plc v Nicholson (2009) the fifth element of which (which concerned whether a belief was worthy of respect in a democratic society) imposed a very low threshold which served to exclude from protection only those beliefs which would excluded from the protection of Articles 9 and/or 10 ECHR by Article 17 thereof. Continue reading →