Help! HR complaint about my (pretty unexceptional) views

Any meeting - even something called an "informal chat" needs an agenda and a friend by your side! If you are kept in the dark about the topic to be discussed you are at a disadvantage from the get-go. Having an agenda, however brief, allows you time to prepare and the control to say when anyone strays off piste, as in "You said you wanted to talk about X and Y, and we have, and now you're raising Z, A and B. I think we should be finished now and these other topics could be carried forward to another meeting."

Listen hard for anyone who wants to 'check your thinking' or asks what was 'in your mind' at any point. Make a note of the wording and who asked it, and you could follow up with, "Are you asking to police my thoughts? Are there company policies covering what I am allowed to think while at work? May I see them, please?" And follow up with an email requesting company policies that outline acceptable thoughts for employees.

You not thinking it was worth of complaint isn't really the issue. Stick to facts - what was said/ not said/ what evidence is there.

I am an employment lawyer. I am sorry you are going through this and that it is stressful.

Without knowing the details, generally I would say there are likely to be two key issues. As a complaint has been made, it is likely that your employer is wise to investigate it, but remember that it doesn't necessarily mean that there will be any adverse implications for you (beyond the stress of the process itself, of course). As part of this investigation, you should be able to know the nature of the complaint, both the facts which are alleged and why it is suggested they might be complaint-worthy (which it sounds like you do), and given the opportunity to provide your version of events (which you should do). Hopefully that will be the end of it, but if your employer proceeds to a disciplinary process, again you have the right to understand exactly what it is alleged you may have done and what the potential implications are, and to a fair process.

I don't know anything about your employer, and they ought to conduct both investigation and disciplinary process fairly, but as we know this isn't always the case.

Secondly, if the complaint relates to your holding and expressing gender critical beliefs, they may not legally discriminate against you on the basis of your beliefs. Equally these beliefs would not prevent them from disciplining you in certain circumstances (which do not seem to be the case, but e.g. harassment of transgender colleagues). It's hard to say more as you quite understandably don't want to share details.

In my experience, cock up is more common than conspiracy, and you would be surprised how often the process is deeply flawed purely because people don't know what they are doing. So if I were you, I would politely but assertively ensure that my employer was aware of both the facts and the law, and I would ask to take a colleague to meetings to act as notetaker. I would also bear in mind that if the process is run by someone with an agenda, an irrational fear of appearing to be transphobic themselves or just not very good at their jobs, it has the potential to go wrong for you and then need unpicking and if you think this is happening, I would consider flagging what is going on to someone senior and sensible, e.g. further up the HR chain or via a formal grievance. If you have access to legal advice in one of the ways described above or can afford to pay for advice, this would likely be worthwhile.

Our employers do not have the right to access our thoughts.
Interesting Enough.

Remember 'no comment' is a valid reply if you are pushed for an immediate response at any point.

Along with requesting all questions in writing in advance.

Questionnaires usually include a 'do not wish to comment' or 'no opinion' option because thoughts, preferences and beliefs are private. Our employers do not have the right to access our thoughts.

The complaint to management about you might be harassment.

Really good point. Attack is the best form of defence, so a complaint to HR about being harassed isn't a bad idea. Also, if the complaint is in writing, and what they've said about you is untrue (eg if they've called you "transphobic"), it could constitute libel.

@RightSideOfHistory The complaint to management about you might be harassment.

If you scroll down here, you'll see specific case examples and 'what determines harassment' if confronted with a complaint.
legalfeminist.org.uk/2021/06/26/you-say-objective-i-say-subjective-what-is-the-legal-test-a-blog-about-harassment-and-protected-beliefs/

I haven't faced this (yet) but don't have any meetings with them alone. I've just heard of occasions where people have gone into 'informal chats' following a friendly phone call with HR.....only to get there and face 2-3 people with clipboards and it becomes an interrogation in all but name.

Some people have mentioned unions here, but they might not support you because some of them are on-board with this ideology. If they do support you, except it to be lukewarm. If HR call you for a 'chat' or 'informal meeting' I would be inclined to tell them that you are happy to do so, but only in the presence of your lawyer and from now on, any communication they have with you in writing will be passed on to the lawyer. Don't have verbal communications with them from now on.

I'm sorry you're going through this and hope you have support.

[quote R0wantrees]It's worth making contact with Legal Feminist group
legalfeminist.org.uk/

and/or Sex Matters Organisation sex-matters.org/[/quote]
I agree with Rowan. Definitely get in touch with one or both of those organisations. Maya will be able to put you in touch with lawyers.

You're not the only person going through this - I've heard of other similar stories. But as you say, your beliefs are protected in law. You have right on your side.

[quote Dimpsey]This article by Peter Daly may useful to you: www.linkedin.com/pulse/forstater-judgment-what-next-peter-daly[/quote]
That is an excellent summary of the Maya Forstater case and its implications, legal and otherwise.

OP, your belief in eg biological sex and that it matters, and your disbelief in eg gender identity theories is protected by law. And your company's policies have to reflect that. Otherwise they could be accused of discrimination.

Some very helpful advice has already been offered so I don't have anything to add in that regard. I can only imagine how anxious and concerned you must be feeling.

Please know that you have the support of many thousands of women who share your reasonable views about sex. We are here for you and thank you for standing up to those who seek to silence and intimidate us.

I will be thinking of you. I hope you'll let us know how you get on, but also understand if you can't.

At this point I wouldn't be tempted to try and explain yourself or give more points of view as that might give them more ammunition (eg, saying sex and gender are different, and saying they are the same, are both things that TRAs state, so there'll be some way of twisting anything you offer to suit them).

More from me OP. This is the modern day equivalent of the Salem witch trials and it's shameful that organisations even allow this type of harassment of women.
Hope the excellent advice on here is helpful.

No further useful advice to add, but

Really good advice here and nothing to add to the legal/HR advice. But from me I would say hold your head up, keep breathing in and out, if you feel stressed and panicked stand still and consciously make an effort to relax. A poster said above, self care is important. Yoga is a great idea. And try not to lose sleep. If you have spoken the truth in support of women you are a warrior - you have a lot of support and you are not in the wrong.

Is your Line Manager supportive of you? Would be nice to have someone else from within the company on your side.

And OP? Don't go into any meeting without a clear agenda and a trusted friend, preferably your union rep. 😉

Your union should provide legal support, OP. Let them bring the details of the complaint to you, expecting dates and details of context (where you were, what you were doing, who else was there). Anything unwitnessed is going to be one person's word against another.

Make your own notes about when you have heard offensive misogynist slurs (like T**F) and from whom, with context as above, and hold in reserve in case you decide to counter complain.

Look carefully at the second Forstater judgement and the EA of 2010 and be ready to jump if either are misquoted to smear you.

The fad for such attacks has peaked, I hope, and too many women have won employment tribunals etc for any company to feel confident in launching one. You could easily wind up having grounds to sue for breach of your employment rights or wrongful dismissal if they sack you.

OP, no need to give details of what you said. Don’t be tricked into outing yourself here.

Otherwise, good advice here. I’d just add that your trade union may be as captured as your colleagues — it’s a disgrace, and I speak as a lifelong union member. So though I would seek the support your union ought to give you, I would definitely get everything in writing and follow the legal route outlined by knowledgeable commenters on this thread.

Which she's said she isn't going to say, happy.

Really hard to say anything without knowing what you have said

PP ideas in the thread so far...

1. Get the complaint set out in writing? Make sure it is given to you in black and white with citations, i.e., "On X date, in Y document, RightSide said Z".

1. Answer each and every complaint in writing, citing evidence (or lack thereof in respect of the false claims). Take this to an employment solicitor and get advice. Make sure it is just right, and make sure it is filed with HR under cover of a formal letter , preferably from a solicitor

1. Don't attend any meetings without a witness present, again, preferably a solicitor,

1. Ask for meetings to be recorded or transcribed verbatim.

1. Avoid being alone with the complainant [probably not hard!] as they may try to provoke you.

1. Raise a complaint against people who have said TERF and criticised women, for creating a hostile environment for women.It doesn't belong in the workplace. Go on the offensive.

1. Consider taking sick leave to take time to care for you. And to provide evidence on what impact this is having. And to take time out to plan a response.

1. contact the Legal Feminist group, Sex Matters and Free Speech Union

1. If you have a union, contact them

10. look after yourself. Talk to your women friends, spend time with them. Go for walks in nature. Do some yoga, watch or read something exciting - make sure you get a mental break from this as often as you can.

11. Read article by Peter Daly www.linkedin.com/pulse/forstater-judgment-what-next-peter-daly

No advice, just my very best wishes and additional hand holding.