Gender Critical Beliefs: Equality Act 2010

Jonathan Hinder Excerpts

Tuesday 11th March 2025 Westminster Hall

[Dame Nia Griffith]

These are very tricky issues, and sensible discussion of them, rather than polarisation, is the way forward. We must remember that we have a collective responsibility to express our beliefs respectfully. By consistently adopting that approach, we can all help to lower the temperature of discussions about sex and gender issues, fostering a more positive and inclusive environment where everyone can contribute without fear of being cancelled or silenced.

[Jonathan Hinder (Pendle and Clitheroe) (Lab)]

Does the Minister accept that in recent years being respectful of others’ views has meant silencing those who have gender critical beliefs? That continues to be the case, although we see some signs of the tide turning. Does she agree that it is up to this Labour Government to ensure that those views are genuinely respected, rather than silencing those with gender critical views?

[Dame Nia Griffith]

That is exactly what I have been explaining with regards to the Equality Act and respect for all established views, including gender critical views. We want to make sure that everybody is treated with dignity and respect; that is why it is important that we uphold the Equality Act and provide everybody with the reassurance that it protects them against unlawful discrimination and harassment.

It is perhaps important to dwell for a moment on what is considered harassment under the Equality Act. Free speech is protected when it is lawful, but harassment is behaviour that the law specifically defines as unlawful in certain situations, such as the workplace. Harassment is not simply a case of taking offence; there is a seriousness threshold, and conduct that is trivial or causes minor offence will not be sufficiently serious to meet the definition of harassment. Harassment is a serious matter, involving being subjected to unwanted conduct of various types, as set out in the Equality Act, which

“has the purpose or effect”

of violating the employee’s dignity or of

“creating an intimidating, hostile, degrading, humiliating or offensive environment”

for the employee.

Those who seek to harass people at work will not be tolerated, hence our provisions in the Employment Rights Bill to keep workers safe from harassment.

Establishing those parameters is essential for maintaining the healthy and respectful standards of discussion that I just mentioned. It is also important to highlight that these discussions affect real people, their communities, their careers and their families. Therefore, as we exercise our freedom of expression, let us do so with humanity. We hold our beliefs everywhere we go, which often means that we express them in different places, including at work. The Equality and Human Rights Commission has produced guidance on belief as a protected characteristic, and we would expect employers to refer to that before taking action in a given case.

We know that single-sex services are important to people for many different reasons. For example, single-sex services can provide safety and comfort, especially for those who have previously had negative experiences using mixed-sex services. Everyone should be able to access specialist services and everyday facilities that meet their needs while protecting their privacy, dignity and safety. However, as outlined by various Ministers in this Government, there will be circumstances where certain groups need to be excluded from single-sex services and facilities to ensure the best outcomes for users—safety, dignity, fairness and privacy, to name a few.

That is why we are proud to uphold the Equality Act, which already gives providers the flexibility to deliver single-sex services exclusively for those of the same biological sex where that is a proportionate means of achieving a legitimate aim.