Barrister wins tribunal over ‘trans extremism’
Barrister awarded £20,000 after being victimised for gender critical beliefs that opposed Stonewall stance
Declaring that Stonewall’s “trans extremism” harms women is an employee’s legal right, a tribunal has ruled. JK Rowling yesterday led the praise of a barrister who was found to have been victimised by her chambers for expressing gender critical beliefs and the view that Stonewall’s advocacy of gender self-identity made it complicit in threats against women. The Harry Potter author described Allison Bailey as “a heroine to me and innumerable other feminists”.
‘She is a heroine to me and innumerable other feminists for refusing to abandon her beliefs’
‘This is a vindication for all those who object to the erasure of biological sex, of women and of same-sex attraction as material realities’
DECLARING that Stonewall’s “trans extremism” harms women is an employee’s legal right, a tribunal has ruled.
JK Rowling yesterday led the praise of a barrister who was found to have been victimised by her chambers for expressing gender critical beliefs and the view that Stonewall’s advocacy of gender self-identity made it complicit in threats against women. The Harry Potter author described Allison Bailey as “a heroine to me and innumerable other feminists for refusing to abandon her beliefs and principles in the face of intimidation and discrimination”.
The ruling means that criticising the alleged negative impact of Stonewall, which enjoys lucrative partnerships with hundreds of high-profile organisations under its Diversity Champions scheme, has legal protection.
Ms Bailey, a 52-year-old criminal defence specialist, said the decision was a fightback for feminism against “attempts to replace biological sex with notions of self-identified gender identity”.
The high-profile case arose from an email she sent to colleagues in 2018 arguing that their employer, Garden Court Chambers, should not join the Stonewall scheme.
Ms Bailey told her fellow barristers that the charity was involved in “harassment, intimidation and threats” made to anyone who opposed its viewpoint. Garden Court subsequently tweeted that complaints describing her as transphobic would be investigated, finding in December 2019 that two of her tweets were likely to have breached barristers’ core duties.
Ms Bailey claimed that the London firm damaged her income by denying her work and tried to “crush her spirit”.
The London Central Employment Tribunal found the chambers’ tweet to be discriminatory and awarded Ms Bailey £22,000 in aggravated damages, plus interest. Ms Bailey said: “This is a vindication for all those who, like me, object to the erasure of biological sex, of women, and of same-sex attraction as material realities. It represents judicial recognition of the abuse waged against us.” A lesbian, Ms Bailey helped set up the LGB Alliance in 2019 as a rival to Stonewall. Kate Barker, the group’s managing director, said: “Allison’s bravery and steadfast focus on truth and justice has profound implications for women and LGB people who will not be cowed by the pernicious poison of extreme gender ideology. We are forever grateful.”
The tribunal rejected Ms Bailey’s claim that she had lost work owing to the victimisation, as well as a claim of indirect discrimination. Ms Bailey had also sued Stonewall directly, alleging that the charity had induced Garden Court to discriminate against her, but was unsuccessful.
Yesterday’s judgment follows the decision this year in the case of Maya Forstater, 47, a tax expert who lost her job at a think tank after claiming people cannot change their biological sex. The ruling came after she successfully brought a test case to establish that gender-critical views are a protected philosophical belief under the Equality Act.
A Stonewall spokesman said: “We are pleased that the employment tribunal has ruled …that Stonewall has not been found to have instructed, caused or induced Garden Court Chambers to discriminate against Allison Bailey.”
The charity has been criticised for its trans stance and numerous organisations that pay it for advice have pulled out of its diversity champion scheme.
The LGB Alliance urged other members to consider leaving. “A cottage industry of diversity and inclusion groups peddling ‘Stonewall Law’ has been allowed to flourish unchecked,” it said.
A spokesman for Garden Court Chambers said: “We are reviewing the judgment carefully with our legal team with a view to appeal.”