Speaking up about any concern you have at work is important. It will helps your workplace improve its services for all customers, patients, and improve the working environment for staff.
Whistleblowing
If you work in the National Health Service, you are protected as a “whistleblower” with the Freedom to Speak Up Programme. See our links:
Whistleblowing in NHS Business Service Authority
Whistleblowing in the NHS England
Whistleblowing in the NHS Scotland
Department for Innovation and Skills: Whistleblowing Guidance for Employers and Employees
Gender-critical views are a protected belief
Under current UK law, you have the right to believe that sex cannot be changed, that in certain circumstances, someone’s sex is important, and it is different from their gender identity (some people who hold these views call themselves “gender-critical“).
These views are protected in law (a protected belief), deemed “worthy of respect in a democratic society’” This means that the view is both reasonably held and without prejudice (The Grainger Test).
Other examples of beliefs that are protected include veganism, human-made climate change and evolution. Views that rightly fail this test include ideas like racism, homophobia etc. If a belief passes the grainger test it means it is a protected belief. This means it is unlawful to discriminate against a person on the grounds that they hold gender-critical beliefs, for example withholding services, placing their views under discriminatory levels of scrutiny, creating a hostile working environment etc.
It also means that is discriminatory, unlawful and prejudicial to act on the assumption that because a person holds gender-critical views they are therefore transphobic. This is similar, in law, to assuming (for example) that because someone is a Muslim, they support terrorist groups. It is not an acceptable statement. In practice, of course, it may be uncomfortable to express these views, however there are now a number of test cases providing a precedent, including a landmark case over a regulatory body. More information here.
Currently, the Haldane ruling is being appealed in the UK Supreme Court. This pertains to the definition of “sex” in the Equality Act- either biological sex or legal sex. We will update our toolkit in line with the findings.
<< Chapter Six: The law
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