If you are subjected to unlawful discrimination by a service provider, you can take what is known as a “small claim” to county court. But first you must write a letter before claim: here is a template.
[Address of service provider]
[Date]
Letter before court claim
[Discrimination / harassment / victimisation] because of gender-critical beliefs
This letter concerns [brief description of service provider’s action – such as suspension from a club, refusal of service or barring from a facility on a particular date, or in a date range]. This is unlawful discrimination on grounds of gender-critical belief contrary to the Equality Act 2010.
(Use these headings in your letter, and number the paragraphs.)
The Equality Act 2010 Section 13(1) defines direct discrimination:
“A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others.”
Section 10 defines the protected characteristic of religion or belief:
Section 29 (1) and (2) provide that this is an unlawful act if carried out by a service provider:
Sections 4.91–4.100 of the recently updated EHRC Code of practice for services, public functions and associations explain the law on belief discrimination:
“4.91 Less favourable treatment which is either because a person holds a religious or other protected belief, or because they have expressed such a belief, will normally constitute unlawful direct discrimination. This is the case even if the service provider, body exercising public functions or association, or a third party, objects to the belief or expression of the belief.”
The code makes clear that discriminating against someone because of a negative stereotype of people who share their belief is direct discrimination. This includes the stereotype that it is “transphobic” to hold or express “gender critical” beliefs:
“4.100 Examples of stereotypes in relation to religion or belief are that persons who hold or manifest certain gender-critical beliefs necessarily have negative attitudes towards trans people… The judgment explains that: ‘it may be that some persons who hold / manifest such beliefs have such animus, but it is stereotyping to assume that all do’.”
It is an unfounded stereotype that someone who has expressed the reasonable belief that men should not be allowed to use female-only services is “transphobic”. The code makes clear that service providers cannot lawfully permit trans-identifying people to use spaces or services for the opposite sex:
“13.130 If a service provider… admits trans people to a service intended for the opposite sex, then it can no longer rely on the [single-sex and separate-sex exceptions]. This means that if a service is provided only to women and trans women or only to men and trans men, it is not a separate-sex or single-sex service under the Equality Act 2010.
“13.131 A service like this is very likely to amount to unlawful sex discrimination against the people of the opposite sex who are not allowed to use it. A service which is provided to women and trans women could also be unlawful sex discrimination or lead to unlawful harassment against women who use the service. Similar considerations would apply to a service provided for men and trans men. 13.107 …It is likely to be reasonable for a woman to object to the presence of a man if she will be getting undressed or in a vulnerable situation when she is using the service.”
Service providers may be legally liable for gender-critical belief discrimination committed by staff:
“3.50 Service providers… need to take steps to ensure that discrimination, harassment and victimisation is not occurring.
“3.51 A service provider… will be liable for unlawful acts committed by their employees unless they have taken reasonable steps to prevent such acts.”
Gender-critical beliefs have been confirmed by the Employment Appeal Tribunal (Forstater v CGDE [2021] UKEAT 2021) as being philosophical beliefs covered by Section 10(2). This also applies for the purpose of service provision. This judgment was endorsed by the Supreme Court in For Women Scotland v The Scottish Ministers [2025] UKSC.
The Forstater case and subsequent case law have established that statements of belief to the following effect, among others, are protected under this definition and are “worthy of respect in a democratic society”:
This belief is also in line with biology, and with the definition of sex (man/woman, male/female) in UK law, as confirmed by the Supreme Court in For Women Scotland v Scottish Ministers [2025] UKSC.
It has been established by case law that direct discrimination in relation to belief also includes discriminatory action in response to “manifestation” of a protected philosophical belief, such as a speech act, social-media post or the wearing of a T-shirt or other garment associated with the belief. (See most recently Higgs v Farmor’s School [2025] EWCA Civ 109.)
It has also been established in law that direct discrimination includes “stereotyping” in the context of belief. This is where a decision-maker takes action based on a stereotype that persons who hold or manifest a belief share attributes of a group which they might not in fact possess, for example that individuals expressing gender-critical beliefs are are likely to undertake unlawful harassment of or discrimination against people based on the protected characteristic of gender reassignment, or to deny their human rights. (See most recently Higgs v Farmor’s School [2025] EWCA Civ 109).
They can also claim, or you can write jointly, asking for compensation for each of you.
It is well established that the definition of direct discrimination under s.13 does not require someone actually to possess the protected characteristic in question. If they are perceived as possessing that characteristic and treated less favourably because of that perception, that will constitute direct discrimination or harassment (Chief Constable of Norfolk Constabulary v Coffey [2020] ICR 148, CA, §11 per Underhill LJ; FWS, §249). Indeed, even if they are not actually perceived as possessing the protected characteristic in question but are treated less favourably because they are associated with it, that will suffice (English v Thomas Sanderson Ltd [2009] ICR 543, CA, §§37-40 per Sedley LJ; §§45-46 per Lawrence Collins LJ).
The [refusal to serve me / decision to ban me / other discriminatory action] was clearly in relation to my being known to hold gender-critical beliefs.
or
The [materials on display / other indirectly discriminatory action or situation] constituted indirect discrimination against people who hold gender-critical beliefs, and cannot be objectively justified.
then
This represents [direct / indirect] belief discrimination against me.
Now add:
The EHRC has an overview on “Vento bands” that can guide you.
I am requesting an apology and a sum of £[X] in compensation for my injury to feelings.
The amount I am claiming for injury to feelings is [describe where it sits in relation to the Vento bands, for example “in the lower Vento band, and substantially less than I can expect to recover if the matter proceeds to court”]. It is set in order to achieve a speedy resolution, which is in the interests of all parties. It takes into account that:
I would also like you to [apologise / change your policy / train staff not to repeat the discrimination].
I would like a reply as soon as possible so that I know you have received this letter. If you do not agree to the amount claimed, please send me a detailed response saying why you do not agree.
To avoid taking court action, I am willing to use Alternative Dispute Resolution to resolve this problem.
If I do not receive a satisfactory response from you within 21 days of the date of this letter, I intend to issue proceedings against you in the county court without further notice. This may increase your liability for costs.
I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules, and in particular to paragraphs 13–16, which set out the sanctions the court may impose if you fail to comply with the Practice Direction.
I look forward to your acknowledgement by reply to [your email address].
Regards
[your name]
List the documents you are including with the letter.
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