The law is clear on freedom of belief

The law is clear

The terms “sex”, “woman” and “man” in the Equality Act 2010 refer to biological sex. (FWS v Scottish Ministers)

And the belief that sex matters has been held to be philosophical belief that is “worthy of respect in a democratic society”. This means that people who hold and express that belief should not suffer harassment or discrimination at work or as users of services. 

The English language has pronouns based on sex, so people who speak English will automatically think of someone they perceive to be female as “she” and someone they perceive to be male as “he”. Many other common words and concepts also relate to the sexes: son, daughter, mother, father, husband, wife, same-sex, opposite-sex, lesbian, gay, bisexual, homosexual and heterosexual. Freedom to think and express yourself using these ordinary words is part of your human rights. 

Public servants are expected to act with impartiality, integrity, honesty and objectivity, and in compliance with the law. Linzi (Lindsey) Smith, a gender-critical lesbian, objected to the participation of police officers in Newcastle’s Pride in the City 2024. The officers marched in the parade and staffed a stall displaying the colours of the Progress flag, at which a police van painted in the Progress colours was stationed.

A court found that this was not lawful: 

“Leaving aside the question whether the activities in question would be likely to interfere with the relevant officers’ impartial discharge of their duties, on any view they would be likely to give rise to the impression amongst members of the public that they may do so.”

Most of the outstanding clauses of the Higher Education (Freedom of Speech) Act came into force on 1st August 2025, bringing new protection for freedom of speech to students and academics. Universities and colleges now have a duty to take reasonably practicable steps to secure freedom of speech within the law; and a requirement to have codes of practice to ensure the protection of free speech and promote its importance in higher education.

Employers, their advisors and trade unions must act now!

Employers, public authorities, trade unions, professional bodies, associations, education institutes and service providers must not discriminate against people for expressing the belief that sex matters.

Employers should recognise that those with gender-critical beliefs are just as protected as those with other beliefs and protected characteristics, and stop making one-sided commitments of allyship and “pride”. They should understand that:

• There is no right not to be offended. The fact that some people may be offended by a statement does not make it objectionable. Some robust debate and language is to be expected. That is particularly the case on social media but also, to a degree, in the workplace. 
• Context is everything. Determining whether some speech is inappropriate will be context-specific. Relevant factors include what was said, who by and who to, what the individual understood about the audience for their comments, and the nature of the business or the specific role including whether it involves vulnerable service users.

Refusing to employ someone or to serve them because they are a “TERF” is discrimination. So is treating them less favourably. An employer that undertakes unwanted conduct that creates an “intimidating, hostile, degrading, humiliating or offensive environment” for people because of their protected characteristics – including gender-critical beliefs – is undertaking unlawful harassment. 

Employers should not participate in schemes that do not support and recognise that sex, sexual orientation, gender reassignment and religion or belief are all protected characteristics. 

What you can do

• Share our new guide to gender-critical belief discrimination with your employer or trade union representative
• Share our case briefings of tribunals wins for women with gender-critical beliefs with your employer or trade union representative.
• Join a sector network and connect with others.
• Know your rights about toilets at work.