Bailey v Stonewall Equality Ltd & Others (Case No. 2202172/2020)

In brief

Allison Bailey, a barrister at Garden Court Chambers, brought claims of discrimination because of belief against Stonewall Equality Ltd and Garden Court Chambers. The Tribunal dismissed the claim against Stonewall but found that Garden Court Chambers had discriminated against and victimised the claimant because of her gender-critical beliefs. Compensation of £22,000 was ordered against Garden Court Chambers.

Key provisions

• holding-1 — Discrimination because of gender-critical belief in a professional chambers context: Gender-critical belief discrimination can occur in professional chambers (barrister) contexts, not just traditional employment relationships.
• holding-2 — Limits of external organisations' influence on workplace decisions: External organisations' (e.g. campaign groups') influence on workplace decisions about belief holders can be evidence of discriminatory motive.
• holding-3 — Victimisation for raising concerns about trans inclusion policies: Victimisation for raising concerns about trans inclusion policies is prohibited. An employee or professional who raises legitimate concerns about policy design cannot be penalised for doing so.

When relevant

Understanding the boundaries of acceptable workplace policy advocacy and the risks of allowing external organisations to influence employment decisions based on employees' protected beliefs.