Gender-Critical Beliefs in the workplace: Employer responsibilities in 2025

What are gender-critical beliefs?

Gender-critical beliefs are the view that biological sex is real, important, and cannot be changed. These beliefs are now legally protected under the Equality Act 2010 as a philosophical belief, following a series of landmark court rulings.

Key case law confirming legal protection

Forstater v CGD Europe (2021)

In this landmark case, the Employment Appeal Tribunal ruled that gender-critical beliefs qualify as a protected philosophical belief under Section 10 of the Equality Act 2010.

🔗 Full judgment on Gov.uk

Higgs v Farmor’s School (Court of Appeal, 2023)

The Court of Appeal ruled that Ms Higgs, a teacher dismissed for sharing gender-critical views online, had her belief unfairly penalised by her employer. The court reinforced that belief expression is protected, even if controversial.

🔗 Court of Appeal judgment summary

For Women Scotland v Scottish Ministers (Supreme Court, 2022)

This case clarified that terms like “man” and “woman” in legislation refer to biological sex. It set a legal precedent relevant to gender-specific workplace facilities and language.

🔗 Supreme Court judgment summary

Sandie Peggie v NHS Fife (2024–2025)

An ongoing tribunal claim where a nurse alleges unfair treatment for gender-critical views. The case has received widespread media attention.

🔗Case Summary

Workplace risks from mismanaging gender-critical beliefs