LGB Alliance founder Allison Bailey has won her case against Garden Court Chambers but has lost her legal battle against Stonewall UK.
The lesbian defence barrister accused Garden Court Chambers of withholding work from her following her criticism of Stonewall UK’s Diversity Champions scheme, which ensures all LGBTQ+ people are free to express themselves in the workplace.
The self-described gender-critical feminist claimed Garden Court Chambers took action following her publication of anti-trans social media posts and involvement with LGB alliance, a dedicated anti-trans lobbying group.
She claimed to be discriminated against on the basis of sex and sexual orientation, further claiming that Stonewall should be held responsible for her loss of work.
Allison Bailey was found to be discriminated against by a judge-led panel during her Employment Tribunal, running from 25 April 2022 until 27 July 2022. They found her gender-critical beliefs were protected under the Equality Act.
It found that Garden Court Chambers had discriminated against Bailey when they tweeted that they would be investigating allegations of transphobia under its complaint procedures. This resulted in two of Bailey’s tweets opposing trans rights being found to have breached her duties as a barrister in 2019.
Bailey used a crowdfunding platform to raise £551,262 to fight her legal battle, with the Employment Tribunal awarding her a further £22,000 in damages for injury to feelings.
Bailey told the tribunal that she had been financially damaged by the chamber and their attempts to “crush her spirit” and make her quit. However, the court found that Bailey had not in fact lost work nor was her income affected because of her views.
Bailey described her win against Garden Court Chambers as “vindication” for those who “object to the erasure of biological sex, of women, and of same sex attraction as material realities.” Garden Court Chambers have since said they are seeking to appeal the decision.
However, Allison Bailey was not successful in her legal battle against Stonewall. A statement regarding the case was released by the charity expressing their feelings on the ruling.
“We are pleased that the Employment Tribunal has ruled in a decision published today that Stonewall has NOT been found to have instructed, caused or induced Garden Court Chambers to discriminate against Allison Bailey.”
“Our Diversity Champions programme supports employers to make their workplaces inclusive and supportive of LGBTQ+ employees. It provides resources, guidance and support for organisations who are committed to creating a workplace where everyone can thrive. We are incredibly proud of the inclusive communities these organisations are creating across the country, by going above and beyond the legal minimum to provide leading support for LGBTQ+ people at work.”
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