The Guardian - UK (2022-04-30)

(^38) National
The Guardian Saturday 30 April 2022
Haroon Siddique
Legal aff airs correspondent
A barrister was unlawfully discrimi-
nated against by her chambers, which
treated her gender-critical views as
transphobic and bigoted, an employ-
ment tribunal has been told.
Allison Bailey is suing Garden
Court Chambers and Stonewall
after she was asked by her chambers
to delete two tweets criticising the
LGBTQ+ charity’s position on trans
rights, and which Stonewall had com-
plained about.
Bailey, a lesbian and founder of
the gender-critical group LGB Alli-
ance, refused to delete the tweets and
alleges unlawful discrimination and
victimisation, claiming she suff ered
detriment at the hands of the cham-
bers, including a reduction in work
off ered to her by clerks. People who
are gender-critical disagree with the
view that gender identity – whether
people identify as male, female or
non-binary – should be prioritised
over biological sex.
A t the start of the case yesterday,
Bailey’s barrister, Ben Cooper QC,
told the London central employment
tribunal in written submissions: “The
claimant’s essential case is that gen-
der 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.”
Garden Court Chambers was a
member of Stonewall’s Diversity
Champions scheme, under which
it gives advice on creating inclu-
sive workplaces. In one of the two
tweets Bailey was asked to remove,
she thanked the Times for “fairly &
Barrister
‘not treated
fairly over
trans views’
accurately reporting on the appalling
levels of intimidation, fear & coercion
that are driving the @stonewalluk
trans self-id agenda”. The tweets
led to complaints to the chambers,
including one from Stonewall.
Bailey is claiming discrimination
on the basis of her gender-critical
views, which have been found to be a
protected philosophical belief under
the Equality Act. She also claim s indi-
rect indiscrimination, arguing the
gender critical movement “is com-
prised predominantly of women and
disproportionately of lesbians”.
This is disputed by Garden Court
Chambers, which says research by the
Equality and Human Rights Commis-
sion and YouGov shows women are
more likely to have positive attitudes
towards transgender people than
men. It accepts gender-critical views
are a protected belie f, but its barrister,
Andrew Hochhauser QC, said : “The
law makes clear there is a distinction
between a protected belief and man-
ner in which it is expressed. There is
no licence to abuse.”
A spokesperson for Garden Court
Chambers said: “We strongly refute
the claims made against us. We have
a professional obligation to investi-
gate any complaints received by
our chambers. Following an inves-
tigation in 2019 into complaints
made about Ms Bailey’s social media
posts, it was concluded that no action
was necessary.”
Blooming good work A gardener tends
fl ower beds at Devonport Park in Plymouth.
A mixture of sunshine and showers is forecast
for the bank holiday weekend.
PHOTOGRAPH:
JAMES DADZITIS/SWNS
▲ Allison Bailey claims her gender-
cr itical views led to discrimination