Oscar Davies authors cover story in New Law Journal: ‘Gender Critical Cases Making Bad Law?’

Monday 29 April 2024

Oscar Davies of the Garden Court Employment Team has authored this week’s cover story article for the New Law Journal: ‘Gender Critical Cases Making Bad Law?’.

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The article can be viewed for free here (providing details gives free access beyond the paywall).

The headline points are: 

  • In recent gender critical cases, judges have taken the wrong approach, permitting the erosion of trans and non-binary people's rights.
  • Judges must focus on what the belief is, and whether it contains elements of transphobia.
  • If a belief is protected, the manifestations must comply with the Equality Act 2010, or the employer is likely to be justified in sanctioning the employee. Sex has its place, but gender identity—and trans identity—must be respected.

Oscar is part of Garden Court’s Employment Team and accepts instructions in all elements of employment law.

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