Conflicting beliefs, identities and experiences in the workplace – why charities need to act now

Charities need to be both legally compliant and culturally aware when managing belief and identity issues. However, charities are often concerned about directly managing conflicting beliefs and experiences in the workplace, partly due to the high values-driven environment they operate in and social media blurring personal and organisational identity.

The legal landscape: belief, sex and gender reassignment

The Equality Act 2010 protects people from discrimination based on various characteristics, including religion or belief, sex and gender reassignment.

Protection for gender reassignment applies to anyone “proposing to undergo, undergoing, or having undergone” a transition process. Protection is broad and does not depend on someone planning or having undergone medical treatment.

Similarly, men and women "of any age" are protected based on the characteristic of sex. The definition of “sex” has been the subject of high-profile debate, most recently before the Supreme Court in For Women Scotland Ltd v The Scottish Ministers, which highlighted how politically and legally sensitive these issues have become.

Beliefs about sex and gender can also fall within the protected characteristic of “belief”. The leading case of Grainger v Nicholson held that a belief is legally protected where it is genuinely held, serious, and “worthy of respect in a democratic society”. In Forstater v CGD, the Employment Appeal Tribunal confirmed that gender-critical beliefs, i.e. that sex is biological and immutable, can meet that test.

The Court of Appeal in Higgs v Farmor’s School reaffirmed this position by observing that disciplining an employee merely because they have expressed a belief that others find offensive is unlawful, but it may be appropriate to take action due to the way in which the belief was expressed (known as its 'manifestation'). This requires employers to carefully consider various factors such as (but not limited to) the tone, extent, likely audience, extent and nature of intrusion of others' rights. This latter factor is likely to be a relatively high bar and should be considered in the context of material impacts on others' rights and/or how it may impact business operations. However, protection of a belief would not extend to behaviour that amounts to harassment or discrimination.

Why this matters for charities

Charities are particularly exposed because they operate in highly values-driven environments and the key risk factors can be:

• Public expectations: donors and supporters expect visible positions on social issues. Staying neutral can draw criticism but taking a stance can also alienate others.
• A passionate workforce: staff and volunteers often hold strong, sometimes conflicting beliefs.
• Social-media exposure: online posts about belief or gender can quickly be linked to the organisation, creating reputational and legal risks.
• Reputation and funding: internal disputes that go public can damage confidence and relationships with key stakeholders.

Practical steps

Charities need to be both legally compliant and culturally aware when managing belief and identity issues. The goal is not to suppress belief but to ensure an appropriate balance of tolerance, respect and protection from unlawful conduct. Practical steps that charities can take are:

• Review and update policies: equality and dignity at work policies should cover belief, sex and gender reassignment, promote tolerance of others' views (even where controversial or potentially offensive) and recognise the difference between holding a belief and expressing it unlawfully.
• Refresh social-media guidance: set clear expectations around personal expression, particularly when individuals are identifiable as charity representatives.
• Train managers to act proportionately: managers need confidence to identify when expression of belief becomes harassment, and know how to apply fair, evidence-based decision-making.
• Engage trustees: boards should understand the charity’s legal duties and reputational risks to align governance and policy.
• Create safe dialogue routes: encourage staff to raise issues early to help you to resolve them respectfully.

Training to support your charity

Proactive training, clear policies and proportionate decision-making help charities uphold their values, protect their people and maintain public trust.

We offer two tailored training courses for charities, which are both lead by Dr Mollie Gascoigne, an Associate in our Employment Team. She holds a PhD in legal sex status and gender recognition and is a published sole author in leading law journals on issues of legal sex and gender.

Gender diversity and inclusion in charities: building confidence and understanding in diverse teams

With increasing attention on equality and inclusion across the charity sector, this session helps leaders, managers, and volunteers understand gender diversity, build confidence in inclusive communication, and manage diverse teams in a way that reflects your organisation’s values and legal responsibilities.

Navigating conflicting beliefs: balancing expression, inclusion, and respect in the charity workplace

In an age of social media and polarised views, charities must navigate differing beliefs while upholding their missions and maintaining inclusive environments. This session explores the legal and practical boundaries of expression at work and provides tools to manage sensitive conversations and conflicts.