As discussed in our previous blog here, a service provider must not discriminate against a service recipient because of his/her protected characteristic, which includes gender critical beliefs according to this case. The facts of this case are unique, and the outcome could have been very different had the Claimant not already been involved in high-profile litigation prior to this claim.
Background
The Claimant was a barrister, a lesbian and a prominent advocate for gender critical beliefs – sex is binary, biological, immutable and important. She took her dog to the vet (i.e. the Defendant), whom she had been a customer for nearly 13 years (visiting over 100 occasions) and decided to de-register her and her dog from the practice in January 2023. The Defendant informed the Claimant that they felt that she was being difficult and that the manner in which she had interacted with their team had been inappropriate.
The Claimant alleged that the de-registration was due to her gender critical beliefs, which were denied by the Defendant.
Decision
The County Court ruled in favour of the Claimant because:
- On the balance of probabilities, there was a culture within the practice which was contrary to the Claimant’s general critical beliefs – trans activist material had been distributed throughout the Defendant’s practice and there was a team meeting focused on trans rights activism on the same day on which the Employment Appeal Tribunal handed down its judgment in this case (that recognised gender critical beliefs as being protected under the Equality Act 2010);
- Whilst it was accepted that the Claimant could be difficult and aggressive with the Defendant’s staff members, the Defendant did not:
- Give the Claimant any warning before de-registration; and
- Actually have a zero-tolerance policy;
- The policy justifying de-registration had not been followed or referred to by the individuals in making their decision to de-register; and
- The Defendant denied knowledge of the Claimant’s gender-critical beliefs, despite being aware of them on balance. The Defendant’s staff members discussed the Claimant’s successful claim against her former employer and a charity regarding her gender critical beliefs.
Comment
Our team specialises in Equality Act 2010 disputes. Whether you are a service provider or service recipient, we will be able to advise on your claim.
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Ronny Tang is an Associate in our expert Dispute Resolution team, specialising in defamation claims, contentious probate and inheritance claims, Trusts of Land and Appointment of Trustees Act 1996 claims, Equality Act 2010 claims and Protection From Harassment 1997 claims.
If you need any advice concerning the subject discussed in this article, please do not hesitate to contact Ronny or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online enquiry form.
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If this article relates to a specific case/cases, please note that the facts of this case/cases are correct at the time of writing.