Forstater v CGD Europe - Intervention of EHRC
Dear Equality and Human Rights Commission,
This is a request for information, pursuant to s.1 Freedom of Information Act 2000.
The Equality and Human Rights Commission (“EHRC”) used its statutory powers to intervene in the employment appeal, Forstater v CGD Europe EAT/0105/20/JOJ (“the Forstater appeal”). While the EHRC has suggested that it took no view on Ms Forstater’s discrimination claim, the EHRC intervened supporting Ms Forstater’s position that her ‘gender critical’ views were worthy of respect in a democratic society, were not incompatible with human dignity, and were not in conflict with the fundamental rights of others.
I request, under the Freedom of Information Act 2000, the following information in relation to the decision-making that took place in relation to the decision to intervene:
1. Which Commissioner decided to intervene in the Forstater appeal?
2. If no Commissioner was involved in the decision to intervene, please state the role, title and seniority of the individual who took the decision to intervene.
3. When was the decision taken to intervene in the Forstater appeal?
4. Was the decision to intervene taken prior to or following receipt of advice from counsel?
5. What reasons were given for deciding to intervene in the Forstater appeal?
6. Did the decision-maker consider whether the decision to intervene was in conflict with the EHRC’s duty to promote equality and eliminate discrimination for those with the protected characteristic of gender reassignment?
7. If so, what reasons were given for proceeding with the intervention?
I consider this request to be in line with the EHRC’s Freedom of Information Act 2000 Policy and that no exemptions apply to withhold the information.
I look forward to receiving your reply promptly, or within 20 working days of receipt pursuant to s.10 Freedom of Information Act 2000.
Yours faithfully,
H.P. Morgan
Information request
Our reference: 3162777
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Dear H P Morgan
Your Freedom of Information Request
Thank you for your request, detailed below, which we received on 2 July
2021.
"The Equality and Human Rights Commission ('EHRC') used its statutory
powers to intervene in the employment appeal, Forstater v CGD Europe
EAT/0105/20/JOJ ('the Forstater appeal'). While the EHRC has suggested
that it took no view on Ms Forstater's discrimination claim, the EHRC
intervened supporting Ms Forstater's position that her 'gender critical'
views were worthy of respect in a democratic society, were not
incompatible with human dignity, and were not in conflict with the
fundamental rights of others.
I request, under the Freedom of Information Act 2000, the following
information in relation to the decision-making that took place in relation
to the decision to intervene:
1. Which Commissioner decided to intervene in the Forstater appeal?
2. If no Commissioner was involved in the decision to intervene, please
state the role, title and seniority of the individual who took the
decision to intervene.
3. When was the decision taken to intervene in the Forstater appeal?
4. Was the decision to intervene taken prior to or following receipt of
advice from counsel?
5. What reasons were given for deciding to intervene in the Forstater
appeal?
6. Did the decision-maker consider whether the decision to intervene was
in conflict with the EHRC's duty to promote equality and eliminate
discrimination for those with the protected characteristic of gender
reassignment?
7. If so, what reasons were given for proceeding with the intervention?"
We are dealing with your request under the Freedom of Information Act
2000. We aim to respond promptly and in any event no later than 20 working
days following the date of receipt of the request; a response should
therefore be with you no later than 30 July 2021. However please be
advised that this may not be possible, owing to the disruption caused
during this pandemic period. If for any reason we are not able to meet
this deadline, we will notify you and give you an indication of when we
will send you a full response.
If you have any queries please contact us using the details below.
Yours sincerely
Information Governance team
Equality and Human Rights Commission
[EHRC request email]
Arndale House, The Arndale Centre
Manchester, M4 3AQ
[1]www.equalityhumanrights.com
[2]EHRC GB logo
NOTE: Please do not edit the subject line when replying to this email.
References
Visible links
1. http://www.equalityhumanrights.com/
Information request
Our reference: 3162777
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Dear H P Morgan
Thank you for your request for information received on 2 July 2021.
Please find attached our response to your request.
Yours sincerely
Information Governance team
Equality and Human Rights Commission
[EHRC request email]
Arndale House, The Arndale Centre
Manchester, M4 3AQ
[1]www.equalityhumanrights.com
[2]EHRC GB logo
NOTE: Please do not edit the subject line when replying to this email.
References
Visible links
1. http://www.equalityhumanrights.com/
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