Today, we examine the case of Allison Bailey vs. Stonewall and Garden Court Chambers, a case that addresses the intersection of gender critical beliefs and workplace discrimination.
Background:
Allison Bailey, a barrister at Garden Court Chambers (GCC), co-founded the LGB Alliance in October 2019, an organisation advocating for lesbian, gay, and bisexual rights, which has been critical of certain aspects of transgender activism. Following her public association with the LGB Alliance and related social media posts, complaints were lodged against her, leading GCC to initiate an internal investigation. Bailey claimed that Stonewall, through its Diversity Champions programme, had influenced GCC’s actions against her, alleging discrimination based on her gender-critical beliefs.
Tribunal Findings:
In July 2022, the Employment Tribunal found that GCC had discriminated against Bailey by upholding complaints about her tweets, which expressed gender-critical views, and awarded her £22,000 in damages for injury to feelings. However, the tribunal dismissed all claims against Stonewall, stating there was insufficient evidence that Stonewall had instructed or induced GCC’s actions. Bailey’s subsequent appeal against Stonewall was dismissed by the Employment Appeal Tribunal in July 2024, but in December 2024, the Court of Appeal granted permission for a further appeal, recognising the case’s significant legal implications.
HR Takeaways:
Workplace disputes involving belief protections and inclusion policies are becoming increasingly complex and we must remain neutral to ensure fairness and legal compliance. Taking a consistent approach is essential – perceived bias in handling these matters can be just as damaging as actual bias.
Employers need clear policies that distinguish between lawful belief expression and behaviour that crosses the line. Employees should feel able to express their views without fear of retaliation, provided they do so respectfully and without harassment. Freedom of speech in the workplace is not a free pass for disruptive debates.
Handling complaints with transparency is just as important. Employers must investigate workplace conflicts fairly, applying the same standards to all employees, regardless of the beliefs involved. A lack of consistency in grievance handling can quickly lead to claims of unfair treatment and legal risks.
Managers also need proper training to handle belief related disputes impartially. It is not just about knowing the law but ensuring employees understand their rights and responsibilities when discussing personal views at work. A well informed workforce helps prevent unnecessary conflict and escalation.
Workplace inclusion and free speech protections are not opposing forces. Employers must take a structured, neutral approach when managing conflicting beliefs, or risk turning workplace culture into a battleground.
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