'Bar of offence' is too low when discussing transgender policy proposals, tribunal hears

Maya Forstater arriving at the employment tribunal in London, where she has launched legal proceedings against her former employer   - © Eddie Mulholland
Maya Forstater arriving at the employment tribunal in London, where she has launched legal proceedings against her former employer - © Eddie Mulholland

A tax expert sacked over a ‘transphobic’ tweet has told a tribunal that the “bar of offence” is too low when questioning transgender policy proposals.

Maya Forstater, 45, lost her job earlier this year after criticising government proposals to allow people to self-identify as the opposite sex.

She is understood to be the first person in the UK to lose their job for expressing ‘gender critical’ views, meaning that she does not believe people can change their biological sex.

Ms Forstater has since launched legal proceedings against her former employer, the US think tank Centre for Global Development (CGD), on the basis that firing her amounted to discrimination against her beliefs.

The first day of the case heard from Ms Forstater, who told the tribunal: “The bar of offence has been set too low on this because there are legitimate policy questions to be asked.

“If you can’t talk about those policy issues for fear of offending the feelings of somebody then what is the point in having Parliament discussions.”

Ms Forstater lost her job in March 2019, six months after using her personal Twitter account to express the view that “male people are not women”.

The tribunal is set to decide over the next week whether the statement is a belief that should be protected under the Equality Act 2010, rather than “an opinion or viewpoint based on the present state of information available.”

“I believe that sex matters,” Ms Forstater wrote in her witness statement to the tribunal. “This belief is based on things that I regard as fundamental scientific facts, as well as basic logical constructs.

“I also believe that facts are important, and that ignoring them or pretending that they are not true is detrimental to an honest, just and fair society.

“I have always believed that sex is a material reality, that being female or male is an immutable biological act, and that sex matters, and I always will.”

The tribunal continues.