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Feminism: Sex and gender discussions

Court cases/Judicial Reviews/ET/ETAs

290 replies

ArabellaScott · 02/10/2023 12:07

A thread of court cases involving people with 'gender critical' beliefs. So they are all in one place. I'll try and add links to court judgements where I can find them.

I'll add cases as I have time but please feel free to add others and/or remind me of any I've missed!

  1. Maria McLachlan, Tara Wolf. Assault by beating/battery.

https://www.feministcurrent.com/2018/04/27/trans-identified-male-tara-wolf-charged-assault-hyde-park-attack/

'Tara Wolf (also known as Tara Flik Wood), a trans-identified male, stood trial for striking 60-year-old Maria MacLachlan three times in Hyde Park on September 13th 2017, where women had gathered to attend a meeting called “We Need to Talk About Gender” at a yet-to-be-disclosed location. Wolf was found guilty of “assault by beating,” more commonly known as “battery.”'

Trans-identified male, Tara Wolf, convicted of assault after Hyde Park attack

Jen Izaakson reports from the courtroom, as Tara Wolf is tried for assaulting Maria MacLachlan.

https://www.feministcurrent.com/2018/04/27/trans-identified-male-tara-wolf-charged-assault-hyde-park-attack

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ArabellaScott · 30/07/2025 21:38

Survivors Network v Sarah Summers - settled

https://www.bbc.co.uk/news/articles/cvgp558qkz0o

'The charity, which provides support services for survivors of sexual violence in Sussex, says it will now run a new group for biological women who live as women, alongside its existing meetings that allow trans and non-binary people to take part.'

"Sarah", with her back towards the camera, is silhouetted against a brightly lit window. She has dark hair and is wearing a black top.

Transgender row rape charity starts new service for biological women

The new group will run alongside an existing service which allows trans and non-binary people to take part

https://www.bbc.co.uk/news/articles/cvgp558qkz0o

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Signalbox · 30/07/2025 21:06

Good Law Project application for a Judicial Review re EHRC’s interim update following the SC FWS decision.

Baroness Kishwer Falkner, Chairwoman of the Equality and Human Rights Commission, said:

"The court has not granted permission for this claim to proceed. It has deferred its decision to a later hearing, requiring the claimants to amend their claim to clarify what they are challenging and on what basis.

“The claimant’s case challenged our interim update. We published this following the Supreme Court’s judgment in For Women Scotland v The Scottish Ministers to help organisations understand their legal obligations. Whilst not a comprehensive statement of the law, it provides an accurate summary which is consistent with the Equality Act 2010 and Human Rights Act 1998.

"We will continue to focus on updating our statutory Code of Practice on Services, Public Functions and Associations following our recent public consultation."

https://www.equalityhumanrights.com/ehrc-comment-judicial-review-challenge-brought-good-law-project?utm_source=Twitter&utm_medium=social&utm_campaign=Orlo

ArabellaScott · 22/07/2025 20:41

Peter Wilkins v DSTL (agency of the MoD) - judgement published

'We are satisfied that the Claimant was constructively dismissed and
in the absence of any representations to the contrary we accept that the
dismissal was unfair. Further as part of the reasoning for the breach of the
implied term of trust and confidence was that the Respondent was
discriminating against the Claimant, we also conclude that the dismissal was
also an act of philosophical belief discrimination'

https://assets.publishing.service.gov.uk/media/687e55f188c74f0fd15c96d5/Dr_P_Wilkins_v_Defence_Science_and_Technology_Laboratory_-6000548.2023-_Reserved_Judgment.pdf

https://www.gov.uk/employment-tribunal-decisions/dr-p-wilkins-v-defence-science-and-technology-laboratory-6000548-slash-2023

Earlier article from March: https://freespeechunion.org/scientist-forced-out-over-gender-beliefs-wins-two-year-legal-battle/

https://assets.publishing.service.gov.uk/media/687e55f188c74f0fd15c96d5/Dr_P_Wilkins_v_Defence_Science_and_Technology_Laboratory_-_6000548.2023_-_Reserved_Judgment.pdf

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ArabellaScott · 22/07/2025 20:17

Kenny McBride v Scottish Ministers (Employment Appeal Tribunal)

McBride wins appeal, full hearing to follow.

'Mr. McBride successfully appealed the judgment in a hearing at Edinburgh Employment Tribunal on 22nd July 2025.

tribunaltweets.substack.com/p/kenny-mcbride-v-scottish-government

Judge: 'Dismissal was an interference at the most strong level. I also think ET may have not given enough thought to the moderate nature of C's emails - arguable ET did not properly assess whether reasonable for reciipients to react as they did.
J: Am not saying C should have succeeded at ET or that he will or should at EAT. Have heard nothing from SG.'

Ruling is that as I've just said, C case is arguable. Whether ET erred in law in balancing exercise determining whether C actions objectionable.
J: It will take time for this to proceed to full hearing.

McBride asserts that he posted on a Scottish government intranet site highlighting the Sex Equality and Equity Network (SEEN). He alleges hostile comments in response, leading to him complaining and was dismissed with 24 hours

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SinnerBoy · 16/07/2025 22:44

I'm a bit tired at present, off the ship and it's late. I had a couple of glasses of the tears of the barley... I may attempt it on the 9 hour train journey tomorrow.

Thanks!

ArabellaScott · 16/07/2025 13:27

Ruling published:

https://caselaw.nationalarchives.gov.uk/ewhc/admin/2025/1805

R ( Lindsay Smith) v Chief Constable of Northumbria Police [2025] EWHC 1805 (Admin) Judicial review of decision of to authorise officers to participate in Pride march in 2024. JR succeeds.

Lindsey Smith, R (on the application of) v The Chief Constable of Northumbria Police - Find Case Law - The National Archives

https://caselaw.nationalarchives.gov.uk/ewhc/admin/2025/1805

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duc748 · 10/07/2025 11:36

Oh fuck off back to California!

Signalbox · 10/07/2025 08:43

R (on the application of Castellucci) (Appellant) v Gender Recognition Panel and another (Respondents)

Permission to Appeal decision: Refused

"The Supreme Court has refused permission to appeal in the case of R (Castellucci) v Gender Recognition Panel. The Court of Appeal decision that there is no Article 8 right to a non-binary gender recognition certificate stands."

https://supremecourt.uk/cases/uksc-2025-0056

Court cases/Judicial Reviews/ET/ETAs
Court cases/Judicial Reviews/ET/ETAs
SinnerBoy · 07/07/2025 18:49

Thanks, that was an instructive, if depressing read. If Sarah Philimore's analysis is correct, an appeal would seem likely to meet with success, but would PC Newman have the will and energy to do so?

At least the Met have modified their behaviour now, which suggests that at least some pragmatists have influence in the organisation.

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ArabellaScott · 09/06/2025 19:41

Justme56 · 09/06/2025 18:14

https://x.com/cconcern/status/1932078397162725632?s=46&t=ZX_bLozRqm8etdGICMcAvA

The SC has refused to hear the appeal by Farmor’s School regarding the Kristie Higgs judgement.

https://christianconcern.com/ccpressreleases/kristie-higgs-supreme-court-refuses-schools-attempt-to-appeal-landmark-court-of-appeal-win/

More info here.

Kristie Higgs: Supreme Court refuses school’s attempt to appeal landmark Court of Appeal win - Christian Concern

The Supreme Court has today refused to hear the appeal of Farmor’s School in Gloucestershire of the landmark Kristie Higgs Court of Appeal ruling.

https://christianconcern.com/ccpressreleases/kristie-higgs-supreme-court-refuses-schools-attempt-to-appeal-landmark-court-of-appeal-win/

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Snowypeaks · 09/06/2025 18:30

SinnerBoy · 09/06/2025 17:57

That's got "Appeal" written all over it.

I agree. From what I recall of the case, UCU did discriminate on grounds of belief and I would have thought that not having your film shown and having your reputation trashed is a detriment. I thought it might fail because of failing to establish that it was UCU directly, or something like that. We'll see.

duc748 · 09/06/2025 18:17

SinnerBoy · 09/06/2025 17:57

That's got "Appeal" written all over it.

If you're saying an appeal would be a slam-dunk, I'm not so sure about that.

Justme56 · 09/06/2025 18:14

https://x.com/cconcern/status/1932078397162725632?s=46&t=ZX_bLozRqm8etdGICMcAvA

The SC has refused to hear the appeal by Farmor’s School regarding the Kristie Higgs judgement.

https://x.com/cconcern/status/1932078397162725632?s=46&t=ZX_bLozRqm8etdGICMcAvA

SinnerBoy · 09/06/2025 17:57

That's got "Appeal" written all over it.

ArabellaScott · 09/06/2025 17:37

UCU v members - UCU wins

'The University and College Union has successfully defended claims against it in an Employment Tribunal from two UCU members who claim they had been discriminated against and harassed by the union because of their gender critical beliefs. The case relates to UCU's Edinburgh University branch opposing the showing of the film "Adult Human Female" at the university back in December 2022. The claimants believed this action subjected them to discrimination and harassment. Employment Judge Laidler, sitting with two side members, concluded the claimants were not treated detrimentally contrary to the Equality Act 2010, and that the claimants were not subjected to harassment contrary to the Equality Act. The tribunal ruled that all claims fail and are dismissed.'

https://www.ucu.org.uk/article/14047/Employment-Tribunal-rejects-claims-University-and-College-Union-discriminated-against-members-on-grounds-of-their-gender-critical-beliefs

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ArabellaScott · 29/05/2025 11:34

Ursula Doyle v Hachette - settled

'I have reached a settlement in my case against Hachette for discrimination on the grounds of my gender-critical beliefs.

Hachette and I have agreed that we will keep the terms of the settlement confidential except for the information I am sharing in this statement. In bringing this case, I hoped to demonstrate conclusively that employers cannot allow staff to be subjected to abuse because of their lawful views, nor ignore women’s rights to single-sex spaces. Most importantly of all, I wanted the tribunal to scrutinise the company’s Trans Inclusion and Transitioning at Work Policy, which I strongly believe is discriminatory and unlawful. While the company has not admitted liability, I am pleased it has confirmed to me as part of discussions regarding my case that it will be conducting a review of its applicable policies including its Trans Inclusion and Transitioning at Work Policy within the next three months to consider whether any changes need to be made.

The last five years have been taxing – emotionally, professionally and, latterly, financially. My health and my peace of mind have both suffered. I am sad that I no longer have the job that brought me great satisfaction and enabled me to publish some brilliant books and work with some brilliant authors and colleagues; nothing can make up for that. What has kept me going is the importance of the principles at stake, and the incredible support I have had from everyone who has so generously shared and contributed to the crowdfunder and written me such encouraging messages of solidarity.

The battle for sex realism continues. In light of the Supreme Court’s decision in the For Women Scotland case, I am hopeful that UK employers are beginning to realise that a policy they might have adopted in good faith and with the best intentions might have unforeseen consequences which harm women. I am more grateful than I can say for your support. I would never have got this far without it.'

Ursula's case in a nutshell:

'In 2021 I published Kathleen Stock’s influential book on sex and gender, Material Girls. Since then, I have been a target for abuse by colleagues in the book industry, who have used social media to accuse me of - among other things - bigotry, prejudice, transphobia and hatred, often tagging in my employer, Hachette, and Hachette’s Pride network.
Hachette have done nothing to protect me, and have created a hostile working environment for me and anyone else who shares my views. When two of Fleet's authors complained that my views were transphobic, the company agreed to move paperback editions of the authors' books away from the imprint to another part of the business, damaging my reputation both inside and outside the company. I became ill with stress and associated conditions, and finally resigned. I am bringing a claim of discrimination on the grounds of my gender-critical belief (sometimes known as 'sex realism'), and of sex discrimination.'

A short film about the case:

- YouTube

Enjoy the videos and music that you love, upload original content and share it all with friends, family and the world on YouTube.

https://www.youtube.com/watch?v=N2SAtNFZxWw

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ArabellaScott · 26/05/2025 15:41

https://www.gov.uk/employment-tribunal-decisions/a-v-nottinghamshire-county-council-2600413-slash-2023

https://www.bbc.co.uk/news/articles/c4gre53drqvo

Teacher v Nottinghamshire CC

'A Christian teacher who was sacked after accessing a transgender child's safeguarding report and transcribing it to her personal computer has lost an unfair dismissal and religious discrimination claim.
The teacher, who cannot be named and has been referred to as A, refused after being asked by the Nottinghamshire County Council-run school to refer to the child with a male name and pronouns at the parents' request.
She was suspended from her role as a teacher in September 2021 as a row over how she should refer to the child continued.
A year later - after briefly returning to teach at the school - she was sacked after the school discovered she had been accessing the child's private files.
Claims that A had been subjected to detriment for making a protected disclosure, automatic unfair dismissal, ordinary unfair dismissal, wrongful dismissal, direct religion or belief discrimination, and harassment related to religion or belief were all dismissed by the employment tribunal.'

A v Nottinghamshire County Council: 2600413/2023

Employment Tribunal decision.

https://www.gov.uk/employment-tribunal-decisions/a-v-nottinghamshire-county-council-2600413-slash-2023

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Signalbox · 28/04/2025 21:22

https://www.bbc.co.uk/sport/articles/c1k4gd2vge9o.amp

Pinches said she was part of a group of players launching their own legal action against the WEPF and UPG over rules forcing them to play transgender women.

In a statement, the Women in Pool group, which includes Pinches, said: "This is the result of 15 months of legal action which we have been pursuing against Ultimate Pool and against the World Eightball Pool Federation.

"At our instruction, our lawyers informed the two pool bodies' lawyers that we would be prepared to forego litigation if experts could be jointly instructed to determine whether or not the sport of pool was "a gender-affected" activity as defined in the Equality Act 2010.

"We are pleased that this strategy has succeeded, and that Ultimate Pool has now changed its rules as we had sought."

A player takes a shot during a game of pool

Transgender women banned from female pool category - BBC Sport

The Ultimate Pool Group (UPG) ban transgender women from female category after landmark UK Supreme Court ruling that the legal definition of a woman is based on biological sex.

https://www.bbc.co.uk/sport/articles/c1k4gd2vge9o.amp