Court cases/Judicial Reviews/ET/ETAs

[ArabellaScott]

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.”'

I can't recall if I added Sonia Appleby's case:

https://www.bbc.co.uk/news/uk-58453250

'A woman who raised concerns about the safety of children at an NHS gender clinic has been awarded £20,000 in an employment tribunal case.
Sonia Appleby is children's safeguarding lead for Tavistock and Portman NHS Trust, which runs the Gender Identity Development Service.
The tribunal ruled that the way the trust treated her had damaged her professional reputation.'

a dispute at work led to the housing officer leaving her job, Ms Monroe tried to sue Central Bedfordshire Council, claiming that being asked whether she wants to be called Andy or Mandie amounted to transgender harassment.
But she has lost her case, with an employment tribunal ruling that her boss had been simply trying to 'seek clarification'.'

Reading the story, sounds like a right chancer. Good result, I think.

James Esses v UKCP

UKCP made a settlement and issued a formal statement:

'I am pleased to announce a very positive update. I have agreed a settlement with the United Kingdom Council for Psychotherapy (UKCP) in my claim against them.
Although I am not in a position to reveal the terms of settlement, I can say that I am extremely happy with them.
UKCP have also published a formal statement, which reads as follows:
'UKCP recognises that gender-critical beliefs (that sex is both binary and immutable) are protected under the Equality Act 2010. UKCP also recognises the validity of the professional belief that children suffering from gender dysphoria should be treated with explorative therapy, rather than being affirmed towards irreversible and potentially damaging medical intervention. Psychotherapists and counsellors accredited by UKCP are fully entitled to hold such beliefs and any discrimination against them on this basis, including by UKCP-accredited training organisations, is unlawful.’
This is an extremely important statement, which I hope will ensure that what happened to me will never happen to another trainee therapist. It sends a clear message to therapeutic training course providers that if they discriminate against their students for believing in biological reality or child safeguarding, they will be held accountable.
With that in mind, although my case against UKCP has concluded, I will be continuing my litigation against the Metanoia Institute for expelling me from my Masters’ degree after I spoke out about concerns regarding gender ideology and child safeguarding.'

I think this is their statement, unless there's a more recent one that isn't yet on teh website:

https://www.psychotherapy.org.uk/news/ukcp-guidance-regarding-gender-critical-views/

Here is a slightly different statement on their Twitter/X…

https://twitter.com/UKCP_Updates/status/1734187035135517105

Rachel Meade v WESTMINSTER CITY COUNCIL AND SOCIAL WORK ENGLAND

https://www.colekhan.co.uk/news/uvzuy6kcrtb5lwg59pxbs44tqbeuj2
'Social worker Rachel Meade has won a claim against her employer, Westminster City Council, (WCC) and professional regulatory body, Social Work England (SWE), in an employment tribunal for discrimination on the basis of her protected beliefs under the Equality Act 2010.The Tribunal Panel Judge Nicolle sitting with Non-Legal Members Ms Sandler and Ms Breslin found that both Ms Meade’s regulator and her employer had subjected her to harassment related to her gender-critical belief when SWE threatened her with fitness to practise proceedings and sanctioned her for misconduct, and then WCC suspended her on charges of gross misconduct before issuing a final written warning. By the time the case was heard, both the regulator’s sanction and the employer’s warning had been withdrawn, but Ms Meade had been suspended from work for a year and bullied into silence on the subject of proposed reforms of the Gender Recognition Act, the importance of safe single-sex spaces for women and related subjects.
This is a landmark decision. It is the first time a Regulator and an Employer have together been found to have been liable for discrimination relating to gender critical beliefs.
The claim has been listed for a two-day remedy hearing in February to determine the amount of compensation Ms Meade should be awarded, and whether the tribunal should make recommendations as to the future conduct of Social Work England and Westminster City Council.

https://www.telegraph.co.uk/news/2024/01/21/banning-chaplain-who-said-children-could-question-gender/

'A government agency has ruled that it would “not be appropriate” to ban a school chaplain from working with children after he gave a sermon which challenged gender ideology.
The Disclosure and Barring Service (DBS) has said it will take “no action” against the Rev Dr Bernard Randall, who was referred to them after he delivered a sermon on gender equality and LGBT rights at Trent College in Derbyshire.
The sermon discussed identity politics and told pupils that they did not have to agree with LGBT teaching.
The chaplain told pupils that they were entitled to “look at some of the claims made about gender identity, and think that it is incoherent to say that, for example, gender is quite independent of any biological factor”.
He added: “You should no more be told you have to accept LGBT ideology, than you should be told you must be in favour of Brexit, or must be Muslim – to both of which I’m sure most of you would quite rightly object.”
After the sermon in 2019, Dr Randall was sacked by Trent College, which charges fees of up to £40,000 a year. He was later referred to Prevent, the counter-terrorism programme, the Teaching Regulation Agency (TRA) and the DBS.
DBS doesn’t plan action Dr Randall was sent a letter on Wednesday from the DBS stating that it planned to take no action against him and he can continue his work with children and adults.
It is understood it comes after the TRA, which rules on teacher misconduct cases on behalf of the Education Secretary, decided not to take any action last year. Prevent found there was no counter-terrorism risk or risk of radicalisation in Dr Randall’s message.
Dr Randall is appealing after he lost an employment tribunal claim for unfair dismissal. A hearing is expected to take place this year.
The chaplain, supported by the Christian Legal Centre, has alleged harassment and victimisation over the decision to refer him to the TRA and DBS. The school is defending the claims.
Trent College has previously responded to the row with Dr Randall, by stating that it is “an inclusive community where we are proud of our commitment to support the wellbeing of everyone.
“We want every single pupil to be safe and feel understood here,” a spokesman said.'

Jo Phoenix v The OU

'The Tribunal found that I was discriminated against and harassed because of my gender critical beliefs, and that I was constructively dismissed.'

https://www.gov.uk/employment-tribunal-decisions/j-phoenix-v-the-open-university-and-others-3322700-slash-2021-and-3323841-slash-2021

Shahrah Ali v GPEW (The Green Party)

Feb 2024

https://didlaw.com/dr-shahrar-ali-v-gpew

“In a 61-page judgment HHJ Hellman clearly describes the treatment of Dr Ali’s case and upholds his claim that the Green Party Executive Committee, by removing Dr Ali from his role of Spokesperson in a procedurally unfair way, ‘discriminated against Dr Ali because of his protected belief contrary to section 101 of the Equality Act.’

“The judgment concludes ‘I have upheld in part Dr Ali’s claim that he was unlawfully discriminated against’ and states ‘Dr Ali also seeks a declaration that he has been subjected to unlawful discrimination. I grant the declaration sought, although it does not obviate the need for damages.’ In addition to a declaration of unlawful discrimination Dr Ali has also been awarded £9,100 as an award for injury to feelings.”

Update on Rachel Meade case.

From Rachel's crowdjustice page...

Social Work England and Westminster City Council have been ordered to pay a total of £52,880.55 in damages as compensation for injury to feelings, and aggravated damages. Social Work England has in addition been ordered to pay £5,463.56 “as exemplary damages” as a result of “its serious abuse” of its regulatory power”. This takes the total award to £58,344.11. The Tribunal stated that exemplary damages are “designed to punish conduct that is oppressive, arbitrary or unconstitutional”, and said, “Awards of exemplary damages are reserved for the most serious abuses of governmental power.” It is understood that this is the first time that a Regulator has been ordered to pay exemplary damages because of the manner in which it has carried out its regulatory function.

The Tribunal have also made recommendations that both Social Work England and Westminster City Council are to provide training to managers on freedom of expression and protected belief.

Link to remedy judgment...

https://acrobat.adobe.com/id/urn:aaid:sc:EU:0cc63664-02e2-4708-b95a-f546d81eef51

Update:

Appeal dismissed (April 2024)

https://assets.publishing.service.gov.uk/media/661cf91f08c3be25cfbd3d93/Mrs_Gillian_Philip_v_Working_Partners_Ltd_and_Harpercollins_Publishers_LLC__2024__EAT_43.pdf

From Louise Distras on Twitter:

'I fought the law, and I won!
One year ago today I first spoke out on the debate around ‘trans rights’ and the importance of protecting women's sex-based rights and single sex spaces because being a woman, and the experiences I’ve had because I’m a woman, are central to my life and my music.

Since speaking out publicly, I've been subjected to a sustained campaign of stalking, harassment, online abuse, legal abuse, defamation, de-platforming and was fired by my booking agent which meant I lost my livelihood as a musician. Some of this abuse has come from people personally connected to me who disagree with my ‘gender critical’ views.

I'm buzzing to say this legal case has now been concluded with no allegations being upheld by the police or the courts, and no findings of wrongdoing have been made against me. I won!

Thank you for having my back every step of the way and supporting my legal costs the best you can because you believe in me, the truth and reality. Thankyou
@FreedominArts
for kickstarting my fightback. Thankyou
@RaydensLaw
for the brilliant lawyer-ing which steered the ship, and thankyou to my feminist rockstar barrister Lucy Masoud
@WomansPlaceUK
for representing me at trial.

You've all helped me to take back my voice, my music and freedoms from these monsters who are so desperately trying to steal our lives away from us. I could not have done this without you, and I'm grateful forever. '

Background - not sure if this was posted at the time:

https://www.dailymail.co.uk/news/article-12881587/British-female-singer-36-arrested-police-quizzed-comments-GB-News-trans-rights-extremists-weeks-cancelled-music-industry-gender-critical-views.html

Kevin Lister March 2024

https://www.bbc.co.uk/news/uk-england-wiltshire-68681038.amp

Mr Lister has since been barred by the Disclosure and Barring Service (DBS) from participating in regulated activities with children.

Well that's just great, isn't it? Career and reputation ruined. And he's just one, in a growing crowd of mostly women.

https://drive.google.com/file/d/1N4R1DAgf3JlR_Ao7ASS18GGE98t6vB-8/view

Roz Adams successful in discrimination and harassment ET against Edinburgh Rape Crisis Centre.

Julie Bindel v Pink News

https://www.casemine.com/judgement/uk/60fe47272c94e01c40ac7eb1

Pink News settled, and made a public apology.

https://thecritic.co.uk/pink-news-vs-julie-bindel/

Good for Julie Bindel, I'm not sure if Penis Lies will take this on board for future smear campaigns. Nothing the publish ever seems to be rooted in fact, from what I've ever read there.

That was two and a half years ago, so I'm pretty sure the answer to that is no.

Natalie Bird v Libdems

Libdems admit all charges relating to breaching the Equality Act. Costs and damages to be settled in due course.

twitter.com/tribunaltweets/status/1815320141200024025

Thanks for that @ArabellaScott, although it sounds like it was a deeply confusing hearing. By the way, Kevin Lister's been given leave to appeal his case against the school by the Appeal Court, and is also going to the Upper Tier Tribunal about his DBS barring
https://x.com/KevsTribulation/status/1815042542527811740
https://x.com/KevsTribulation/status/1808771509172764691
(this has probably already been mentioned elsewhere, but thought it would be useful to have a record here too).

Lizzy Pitt v Cambridge County Council

Pitt wins - CCC admits discrimination

x.com/tribunaltweets/status/1817859130129789142

Councillor Gallagher at Standards hearing for Glasgow City Council cleared of misconduct for calling gc feminists 'nazis'

https://www.holyrood.com/news/view,green-councillor-cleared-after-calling-trans-critics-nazis

Well done @ArabellaScott this is a brilliant thread.

Does anybody know if the court case went ahead with the woman who was suing The rape crisis charity in Brighton?