Barrister ‘treated as transphobic for gender views’

Lawyer viewed as bigoted by employers for criticising Stonewall’s view on trans rights, tribunal told

STONEWALL complained over tweets posted by a leading barrister which caused her to be viewed as “transphobic and bigoted” inside her own chambers, an employment tribunal heard yesterday.

Allison Bailey is suing Garden Court Chambers and the LGBT charity for discrimination after she was asked by her chambers to delete two tweets criticising the charity’s position on trans rights. She claimed that Stonewall collaborated with her chambers – which was a fee-paying member of the charity’s embattled diversity champions scheme – to place her under investigation over her support of gender-critical beliefs.

Her long-awaited employment tribunal in London heard that Ms Bailey was treated as having “transphobic and bigoted views”.

Ben Cooper QC, her barrister, said in written submissions: “The claimant’s essential case is that gender identity ideology had become entrenched at an organisational level at Garden Court and, associated with this, importance was attached to the relationship with Stonewall, which resulted in a view of the claimant and her beliefs, at least amongst those dealing with the issues, as being transphobic and bigoted.” Ms Bailey, a lesbian and founder of the LGB Alliance, a gender-critical campaign group, refused to delete the tweets.

She claims she suffered unlawful discrimination and victimisation, as well as detriment at the hands of the chambers, including a reduction in work offered to her by clerks.

The tweets led to complaints to the chambers, as well as a complaint from Stonewall.

Andrew Hochhauser QC, barrister for Garden Court Chambers, described the claim that clerks withheld work from Ms Bailey as “ludicrous” and a spokesman for Garden Court Chambers said: “We strongly refute the claims made against us.

“We have a professional obligation to investigate any complaints received by our chambers. Following an investigation in 2019 into complaints made about Ms Bailey’s social media posts, it was concluded that no action was necessary.”

Stonewall says its diversity champions programme, a paid-for scheme that advises and assesses on inclusive workplaces, aims to help firms “become more inclusive of LGBT people”.

There is also a separate workplace equality index, in which Stonewall scores employers on their diversity efforts.

However, a number of high-profile organisations including the BBC and the Cabinet Office have quit the schemes after questions were raised about whether they could be impartial on issues that the charity campaigns on.

The hearing is expected to last for four weeks.