Mackereth v Department for Work and Pensions [2022]

Posted In: Case Law
  • Decision Number
    EAT 99
  • Legal Body
    Employment Appeals Tribunal (EAT)
  • Type of Claim / Jurisdiction
    Dismissal, Discrimination
Issues covered: Discrimination; Religious Belief; Pronouns

The claimant, a doctor, started employment with the respondent as a health and disabilities assessor of benefits claimants. This required face-to-face assessment with claimants and a report to be subsequently written up. During induction, the claimant made it clear he had religious beliefs such that he could not agree to use the preferred pronouns as required by the respondent’s policies.

The respondent decided the claimant could not be moved into a non-customer facing role as that would require 12 months’ experience. Similarly, it would not be possible to have the claimant only examining non-transgender customers as it would not be possible to decide who is and who is not transgender

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This article is correct at 04/07/2022

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Jason Elliott BL

The main content of this article was provided by Jason Elliott BL. Email

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