Maya Forstater loses employment tribunal after backlash over trans tweets

A researcher who lost her job after tweeting that men cannot change their biological sex has lost an employment tribunal after her opinions were ruled “absolutist”.

The Central London Employment Tribunal upheld the firing of tax expert Maya Forstater, 45, over a series of tweets questioning government plans to allow people to self-identify as another gender.

Ms Forstater was a visiting fellow at the Centre for Global Development (CGD), which is a think-tank based in London and Washington that campaigns against poverty.

Download the new Indpendent Premium app Sharing the full story, not just the headlines

She was accused of using “offensive and exclusionary” language on Twitter for saying “men cannot change into women”. Her legal dispute against her former employer was seen as a test on whether a “gender-critical” view – that there are only two biological sexes – was a protected philosophical belief under the 2010 Equality Act.

Judge James Tayler decided that Ms Forstater’s view was “incompatible with human dignity and fundamental rights of others”. If Ms Forstater had won the case it would have legally prevented employers from dismissing staff for expressing their view on LGBT+ rights, her lawyers said.

Shape Created with Sketch. UK news in pictures Show all 50 left Created with Sketch. right Created with Sketch. Shape Created with Sketch. UK news in pictures 1/50 18 December 2019 Luke Jerram's art installation 'Gaia', a replica of planet earth created using detailed Nasa imagery of the Earth's surface, hangs on display at the Eden Project in St Austell, Cornwall PA 2/50 17 December 2019 A surfer gets into the festive spirit at the inland surfing lagoon at The Wave, near Bristol PA 3/50 16 December 2019 Snowy conditions near Deepdale in the Yorkshire Dales National Park as snow hits parts of the UK PA 4/50 15 December 2019 Oisin Carson, 5, picks a Christmas tree at Wicklow Way Christmas tree farm in Roundwood PA 5/50 14 December 2019 First Minister, Nicola Sturgeon, takes a selfie as she joins the SNPs newly elected MPs for a group photo outside the V&A Museum in Dundee, Scotland Getty Images 6/50 13 December 2019 Prime Minister Boris Johnson and Carrie Symonds arrive back at Downing Street after the results for the general election were announced. The Conservative Party won with an overall majority EPA 7/50 12 December 2019 A dog outside a polling station during the general election in Northumberland Reuters 8/50 11 December 2019 Liberal Democrat leader Jo Swinson stands between a Stop Brexit sign as she attends a general election campaign event at Esher Rugby Club, south west London. Britain will go to the polls tomorrow to vote AFP via Getty 9/50 10 December 2019 A surfer off the North East coast at Tynemouth PA 10/50 9 December 2019 Leah Rossiter (left) and Ceara Carney, dressed as mermaids, join members of the Irish Wildlife Trust and Extinction Rebellion Ireland protesting outside Leinster House in Dublin, against overfishing in Irish Waters PA 11/50 8 December 2019 Labour party leader Jeremy Corbyn poses for selfies with supporters at a general election rally in Colwyn Bay, north Wales AFP via Getty 12/50 7 December 2019 Speedo Mick outside the stadium before the Premier League match between Everton and Chelsea at Goodison Park Action Images via Reuters 13/50 6 December 2019 A climate activist wearing a mask and holding a placard reading 'Fossil fuel era is over' outside Millbank Studios in London AP 14/50 5 December 2019 SNP leader Nicola Sturgeon with the SNP campaign bus in front of the Queensferry Crossing, while on the General Election campaign trail in Scotland PA 15/50 4 December 2019 The Christmas tree in Trafalgar Square, which is given every year by the city of Oslo as a token of Norwegian gratitude to the people of London for their assistance during the Second World War PA 16/50 3 December 2019 Protesters against the visit of US President Trump during a demonstration near Buckingham Palace on the first day of the Nato Summit in London EPA 17/50 2 December 2019 England captain Joe Root celebrates reaching his double century during day 4 of the second Test match against New Zealand at Seddon Park in Hamilton, New Zealand Getty 18/50 1 December 2019 A hard frost is seen on the first day of the meteorological winter in Pitlochry, Scotland Reuters 19/50 30 November 2019 A police officer looks at flowers left at London Bridge in central London, after a terrorist wearing a fake suicide vest who went on a knife rampage killing two people, and was shot dead by police PA 20/50 29 November 2019 School children and students take part in the Youth Strike for Climate in London as part of the Fridays for Future Global Climate Strike Angela Christofilou/The Independent 21/50 28 November 2019 Cyclists make their way up a tree lined hill near to Moor Crichel in Dorset. November's dismal weather will finally change, with drier and colder conditions coming for the start of December, forecasters have said PA 22/50 27 November 2019 The moment a swan flew over a flock of 60,000 starlings as dusk fell on Whixall Moss Nature Reserve in Shropshire Andrew Fusek Peters / SWNS 23/50 26 November 2019 SNP leader Nicola Sturgeon plays with local children during a visit to the Jelly Tots & Cookies Play Cafe in Uddingston, South Lanarkshire PA 24/50 25 November 2019 Prime Minister Boris Johnson poses with sheep as he visits the Royal Welsh Showground, in Llanelwedd, Builth Wells, whilst on the General Election campaign trail PA 25/50 24 November 2019 Cush Jumbo attends the 65th Evening Standard Theatre Awards at London Coliseum Getty Images 26/50 23 November 2019 Labour Party leader Jeremy Corbyn meets a supporter on a train on his return from a visit to Sheffield PA 27/50 22 November 2019 Gallery assistants adjust 'The Ancient Town of Uglich' by Konstantin Yuon, 1913, estimated at £600,000 to £800,000, during a press preview of the sale of works by some of the most pre-eminent creators of Russian art at Sotheby's in London PA 28/50 21 November 2019 A mother seal appears to hug her pup as grey seals return to Donna Nook National Nature Reserve in Lincolnshire, where they come every year in late autumn and winter to give birth PA 29/50 20 November 2019 After Mauricio Pochettino's sacking the eveninfg before newly appointed Tottenham head coach, Jose Mourinho, takes his first training session in charge Tottenham Hotspur FC via Getty 30/50 19 November 2019 Prime Minister Boris Johnson during a visit to Jimmy Egan's Boxing Academy at Wythenshawe, while on the campaign trail ahead of the General Election PA 31/50 18 November 2019 Mist over Buttermere lake in the Lake District PA 32/50 17 November 2019 Stefanos Tsitsipas lifts the winners trophy after beating Dominic Thiem at the ATP World Tour Finals tennis tournament in London EPA 33/50 16 November 2019 Duke of York, speaking for the first time about his links to Jeffrey Epstein in an interview with BBC Newsnight's Emily Maitlis BBC/PA 34/50 15 November 2019 Brazilian indigenous leader, Kreta Kaingang from the Kaingang People, holds a petition letter with over 200,000 signatures asking the UK government to suspend trade talks with Brazil until the Amazon and its people are protected, as he poses outside 10 Downing Street AFP via Getty 35/50 14 November 2019 Spanning all four spaces and the corridor of the White Cube Bermondsey gallery Anselm Kiefer's new exhibition encompasses large-scale painting and installation Rex Features 36/50 13 November 2019 Labour leader Jeremy Corbyn wears a pair of mittens that say 'Pick Pam', referring to Labour MP Pam Duncan-Glancy (not pictured) as he visits the Heart of Scotstoun Community Centre in Glasgow Getty 37/50 12 November 2019 Head glass conservator Sam Kelly inspects the Angeli Laudantes and Angeli Ministrantes stained glass windows at Salisbury Cathedral as restoration work to clean, conserve and restore the windows, installed in 1879, gets underway PA 38/50 11 November 2019 Flooding in the village of Fishlake near Doncaster after a month's worth of rain fell in 24 hours PA 39/50 10 November 2019 World War II Supermarine Spitfire fighter performs a flyover over White Cliffs of Dover during Remembrance Sunday celebrations Reuters 40/50 9 November 2019 Snow falling in Glyn Ceiriog near Llangollen in Denbighshire Steffan Williams/PA 41/50 8 November 2019 Scottish National Party candidates, including SNP Westminster leader Ian Blackford (centre left) and Nicola Sturgeon (centre), with a Brexit message at the party's General Election campaign launch in Edinburgh PA 42/50 7 November 2019 Delivery lorry stuck in flood water at Coston Ford, Leicestershire after heavy rainfall in the area PA 43/50 6 November 2019 British Prime Minister Boris Johnson makes a statement to announce the general election at Downing Street in London, Britain Reuters 44/50 5 November 2019 Liberal Democrat leader Jo Swinson speaking at the launch of their general election campaign at the Institute of Civil Engineers in London PA 45/50 4 November 2019 Pelicans in St James's Park in central London AFP/Getty 46/50 3 November 2019 Dancers perform a mass Ghoomar dance during Diwali celebrations in Trafalgar Square, London Reuters 47/50 2 November 2019 Campaigners listen as SNP leader Nicola Sturgeon addresses a rally calling for Scottish independence in Glasgow AFP via Getty 48/50 1 November 2019 Police and recovery workers remove a damaged bus from the scene of a crash in Sevenoaks Road, south-east London. A man has been arrested on suspicion of causing death by dangerous driving after a person died and 15 others were injured PA 49/50 31 October 2019 Labour Party leader Jeremy Corbyn gestures as launches the party's election campaign in south London. Britain will go to the polls on December 12 AFP via Getty 50/50 30 October 2019 SNP leader Nicola Sturgeon joins Alyn Smith, the SNP's candidate for Stirling, at the Made in Stirling Store and Creative Hub, during the general election campaign trail PA 1/50 18 December 2019 Luke Jerram's art installation 'Gaia', a replica of planet earth created using detailed Nasa imagery of the Earth's surface, hangs on display at the Eden Project in St Austell, Cornwall PA 2/50 17 December 2019 A surfer gets into the festive spirit at the inland surfing lagoon at The Wave, near Bristol PA 3/50 16 December 2019 Snowy conditions near Deepdale in the Yorkshire Dales National Park as snow hits parts of the UK PA 4/50 15 December 2019 Oisin Carson, 5, picks a Christmas tree at Wicklow Way Christmas tree farm in Roundwood PA 5/50 14 December 2019 First Minister, Nicola Sturgeon, takes a selfie as she joins the SNPs newly elected MPs for a group photo outside the V&A Museum in Dundee, Scotland Getty Images 6/50 13 December 2019 Prime Minister Boris Johnson and Carrie Symonds arrive back at Downing Street after the results for the general election were announced. The Conservative Party won with an overall majority EPA 7/50 12 December 2019 A dog outside a polling station during the general election in Northumberland Reuters 8/50 11 December 2019 Liberal Democrat leader Jo Swinson stands between a Stop Brexit sign as she attends a general election campaign event at Esher Rugby Club, south west London. Britain will go to the polls tomorrow to vote AFP via Getty 9/50 10 December 2019 A surfer off the North East coast at Tynemouth PA 10/50 9 December 2019 Leah Rossiter (left) and Ceara Carney, dressed as mermaids, join members of the Irish Wildlife Trust and Extinction Rebellion Ireland protesting outside Leinster House in Dublin, against overfishing in Irish Waters PA 11/50 8 December 2019 Labour party leader Jeremy Corbyn poses for selfies with supporters at a general election rally in Colwyn Bay, north Wales AFP via Getty 12/50 7 December 2019 Speedo Mick outside the stadium before the Premier League match between Everton and Chelsea at Goodison Park Action Images via Reuters 13/50 6 December 2019 A climate activist wearing a mask and holding a placard reading 'Fossil fuel era is over' outside Millbank Studios in London AP 14/50 5 December 2019 SNP leader Nicola Sturgeon with the SNP campaign bus in front of the Queensferry Crossing, while on the General Election campaign trail in Scotland PA 15/50 4 December 2019 The Christmas tree in Trafalgar Square, which is given every year by the city of Oslo as a token of Norwegian gratitude to the people of London for their assistance during the Second World War PA 16/50 3 December 2019 Protesters against the visit of US President Trump during a demonstration near Buckingham Palace on the first day of the Nato Summit in London EPA 17/50 2 December 2019 England captain Joe Root celebrates reaching his double century during day 4 of the second Test match against New Zealand at Seddon Park in Hamilton, New Zealand Getty 18/50 1 December 2019 A hard frost is seen on the first day of the meteorological winter in Pitlochry, Scotland Reuters 19/50 30 November 2019 A police officer looks at flowers left at London Bridge in central London, after a terrorist wearing a fake suicide vest who went on a knife rampage killing two people, and was shot dead by police PA 20/50 29 November 2019 School children and students take part in the Youth Strike for Climate in London as part of the Fridays for Future Global Climate Strike Angela Christofilou/The Independent 21/50 28 November 2019 Cyclists make their way up a tree lined hill near to Moor Crichel in Dorset. November's dismal weather will finally change, with drier and colder conditions coming for the start of December, forecasters have said PA 22/50 27 November 2019 The moment a swan flew over a flock of 60,000 starlings as dusk fell on Whixall Moss Nature Reserve in Shropshire Andrew Fusek Peters / SWNS 23/50 26 November 2019 SNP leader Nicola Sturgeon plays with local children during a visit to the Jelly Tots & Cookies Play Cafe in Uddingston, South Lanarkshire PA 24/50 25 November 2019 Prime Minister Boris Johnson poses with sheep as he visits the Royal Welsh Showground, in Llanelwedd, Builth Wells, whilst on the General Election campaign trail PA 25/50 24 November 2019 Cush Jumbo attends the 65th Evening Standard Theatre Awards at London Coliseum Getty Images 26/50 23 November 2019 Labour Party leader Jeremy Corbyn meets a supporter on a train on his return from a visit to Sheffield PA 27/50 22 November 2019 Gallery assistants adjust 'The Ancient Town of Uglich' by Konstantin Yuon, 1913, estimated at £600,000 to £800,000, during a press preview of the sale of works by some of the most pre-eminent creators of Russian art at Sotheby's in London PA 28/50 21 November 2019 A mother seal appears to hug her pup as grey seals return to Donna Nook National Nature Reserve in Lincolnshire, where they come every year in late autumn and winter to give birth PA 29/50 20 November 2019 After Mauricio Pochettino's sacking the eveninfg before newly appointed Tottenham head coach, Jose Mourinho, takes his first training session in charge Tottenham Hotspur FC via Getty 30/50 19 November 2019 Prime Minister Boris Johnson during a visit to Jimmy Egan's Boxing Academy at Wythenshawe, while on the campaign trail ahead of the General Election PA 31/50 18 November 2019 Mist over Buttermere lake in the Lake District PA 32/50 17 November 2019 Stefanos Tsitsipas lifts the winners trophy after beating Dominic Thiem at the ATP World Tour Finals tennis tournament in London EPA 33/50 16 November 2019 Duke of York, speaking for the first time about his links to Jeffrey Epstein in an interview with BBC Newsnight's Emily Maitlis BBC/PA 34/50 15 November 2019 Brazilian indigenous leader, Kreta Kaingang from the Kaingang People, holds a petition letter with over 200,000 signatures asking the UK government to suspend trade talks with Brazil until the Amazon and its people are protected, as he poses outside 10 Downing Street AFP via Getty 35/50 14 November 2019 Spanning all four spaces and the corridor of the White Cube Bermondsey gallery Anselm Kiefer's new exhibition encompasses large-scale painting and installation Rex Features 36/50 13 November 2019 Labour leader Jeremy Corbyn wears a pair of mittens that say 'Pick Pam', referring to Labour MP Pam Duncan-Glancy (not pictured) as he visits the Heart of Scotstoun Community Centre in Glasgow Getty 37/50 12 November 2019 Head glass conservator Sam Kelly inspects the Angeli Laudantes and Angeli Ministrantes stained glass windows at Salisbury Cathedral as restoration work to clean, conserve and restore the windows, installed in 1879, gets underway PA 38/50 11 November 2019 Flooding in the village of Fishlake near Doncaster after a month's worth of rain fell in 24 hours PA 39/50 10 November 2019 World War II Supermarine Spitfire fighter performs a flyover over White Cliffs of Dover during Remembrance Sunday celebrations Reuters 40/50 9 November 2019 Snow falling in Glyn Ceiriog near Llangollen in Denbighshire Steffan Williams/PA 41/50 8 November 2019 Scottish National Party candidates, including SNP Westminster leader Ian Blackford (centre left) and Nicola Sturgeon (centre), with a Brexit message at the party's General Election campaign launch in Edinburgh PA 42/50 7 November 2019 Delivery lorry stuck in flood water at Coston Ford, Leicestershire after heavy rainfall in the area PA 43/50 6 November 2019 British Prime Minister Boris Johnson makes a statement to announce the general election at Downing Street in London, Britain Reuters 44/50 5 November 2019 Liberal Democrat leader Jo Swinson speaking at the launch of their general election campaign at the Institute of Civil Engineers in London PA 45/50 4 November 2019 Pelicans in St James's Park in central London AFP/Getty 46/50 3 November 2019 Dancers perform a mass Ghoomar dance during Diwali celebrations in Trafalgar Square, London Reuters 47/50 2 November 2019 Campaigners listen as SNP leader Nicola Sturgeon addresses a rally calling for Scottish independence in Glasgow AFP via Getty 48/50 1 November 2019 Police and recovery workers remove a damaged bus from the scene of a crash in Sevenoaks Road, south-east London. A man has been arrested on suspicion of causing death by dangerous driving after a person died and 15 others were injured PA 49/50 31 October 2019 Labour Party leader Jeremy Corbyn gestures as launches the party's election campaign in south London. Britain will go to the polls on December 12 AFP via Getty 50/50 30 October 2019 SNP leader Nicola Sturgeon joins Alyn Smith, the SNP's candidate for Stirling, at the Made in Stirling Store and Creative Hub, during the general election campaign trail PA

Judge Tayler said the tax expert was not entitled to ignore the legal rights of transgender people and the “enormous pain that can be caused by misgendering a person”.

He concluded: “If a person has transitioned from male to female and has a Gender Recognition Certificate (GRC), that person is legally a woman. That is not something Ms Forstater is entitled to ignore. Ms Forstater’s position is that even if a trans woman has a GRC, she cannot honestly describe herself as a woman. That belief is not worthy of respect in a democratic society.

“Even paying due regard to the qualified right to freedom of expression, people cannot expect to be protected if their core belief involves violating others’ dignity and creating an intimidating, hostile, degrading, humiliating, or offensive environment for them.”

In a statement on the ruling, Ms Forstater said: “I struggle to express the shock and disbelief I feel at reading this judgment, which I think will be shared by the vast majority of people who are familiar with my case.

“This judgment removes women’s rights and the right to freedom of belief and speech. It gives judicial licence for women and men who speak up for objective truth and clear debate to be subject to aggression, bullying, no-platforming and economic punishment."

Independent news email Only the best news in your inbox Enter your email address Continue Continue Please enter an email address Email address is invalid Fill out this field Email address is invalid Email already exists. Log in to update your newsletter preferences Register with your social account or click here to log in I would like to receive morning headlines Monday - Friday plus breaking news alerts by email Update newsletter preferences

At the end of giving evidence during the tribunal, Ms Forstater said gender identity did not override a person's sex. She said: “I accept everybody’s gender identity, I just do not believe it overrides their sex. I refuse to believe human beings can change their sex.”

Ms Forstater added that she would consider the judgement closely with her legal team to decide what could be done to challenge it.

Peter Daly of Slater and Gordon, who represented Ms Forstater, said: “The significance of this judgment should not be downplayed.

“Had our client been successful, she would have established in law protection for people – on any side of this debate – to express their beliefs without fear of being discriminated against.”