DEI Competing Rights Law

Phoenix v Open University (2024)

The employee’s gender critical beliefs fall within the Grainger criteria and are therefore protected. The Tribunal upheld her discrimination complaints and constructive dismissal claim, as the employer had breached the implied term of trust and confidence and the duty to provide a suitable working environment.

Forstater v CGD Europe (2022)

The EAT held that gender-critical beliefs, including the belief that sex is binary, immutable and not to be conflated with gender identity, qualify for protection as a philosophical belief under the Equality Act 2010.

Randall v Trent College (2020)

A school chaplain’s claim for religion or belief discrimination failed when the Employment Tribunal held that the chaplain’s treatment was not because of his beliefs, but because of his objectionable manifestation of them.

Ladele v London Borough of Islington (2009)

Dismissing an employee for not carrying out contractual duties is not direct or indirect discrimination. It may be reasonable for an employer to ensure an employee complies with its non-discriminatory policies and practices, although this may offend or conflict with the beliefs of the individual.