Allison Bailey was unlawfully victimised for opposing Stonewall’s ‘trans extremism’, tribunal rules

A barrister who was placed under investigation by her chambers after opposing Stonewall’s “trans extremism” has won her claim for discrimination.

An employment tribunal ruled on Wednesday that Allison Bailey was victimised for expressing “gender critical” beliefs and for her contention that Stonewall’s advocacy of gender self-identity made it complicit in threats against women.

She hailed the unanimous decision as a fightback for feminism against “attempts to replace biological sex with notions of self-identified gender identity”.

Her case against Garden Court Chambers generated significant public interest and won the support of JK Rowling, who on Wednesday described her as a “heroine”.

It arose from a 2018 email to colleagues arguing against the chambers becoming a Stonewall Diversity Champion.

Ms Bailey, a 52-year-old criminal defence specialist, told fellow barristers that Stonewall was involved in “harassment, intimidation and threats” against anyone who opposed its viewpoint. 

Garden Court Chambers subsequently tweeted that complaints she was transphobic would be investigated, finding in December 2019 that two of her tweets were likely to have breached barristers’ core duties.

Ms Bailey claimed it damaged her income by denying her work and tried to “crush her spirit”.

On Wednesday, the London Central Employment Tribunal ruled that Ms Bailey’s “gender critical” belief that Stonewall wanted to replace sex with gender identity, and that the tone of its campaigns eroded women’s rights and made them complicit in threats against women, was protected under the Equality Act.

It found that Garden Court’s tweet announcing an investigation against Ms Bailey was discriminatory, awarding her £22,000 in aggravated damages – awarded where a discriminator’s actions are particularly oppressive – plus interest.

Ms Bailey said: “This is a vindication for all those who, like me, object to the erasure of biological sex, of women, and of same sex attraction as material realities. It represents judicial recognition of the abuse waged against us.”

JK Rowling tweeted: 

Ms Bailey, who is lesbian, helped set up the LGB Alliance in 2019 as a rival to Stonewall.

Kate Barker, the group’s managing director, said: “Allison’s bravery and steadfast focus on truth and justice has profound implications for women and LGB people who will not be cowed by the pernicious poison of extreme gender ideology. We are forever grateful.”

Alongside her action against Garden Court, Ms Bailey also sued Stonewall, alleging that the charity had induced the chambers to discriminate against her. However, this was rejected by the tribunal.

The panel also rejected separate claims by Ms Bailey of indirect discrimination by Garden Court, and that the chambers allowed Stonewall to directs its complaints process. The tribunal did not accept that she had lost work and income because of her original protest.

In December 2018, Stephen Lue, a family law barrister, sent an email to colleagues informing them that Garden Court Chambers was becoming a Stonewall Diversity Champion, a scheme under which companies pay the charity for continuing advice on inclusivity at work.

In response, Ms Bailey emailed: “There are many of us within the LGBT community who fully support trans rights but who do not support the trans extremism which is currently being advocated by Stonewall and others. I emphatically object to any formal association with Stonewall.”

She subsequently accused the charity of operating like a “criminal protection racket” by inducing companies and institutions to adopt its policies. She had to raise more than £500,000 to fight her case.

A Stonewall spokesman said: “We are pleased that the employment tribunal has ruled in a decision that Stonewall has NOT been found to have instructed, caused or induced Garden Court Chambers to discriminate against Allison Bailey.”

A spokesman for Garden Court Chambers said: “We are reviewing today’s judgment, which dismissed Ms Bailey’s claim against Stonewall and most of her claims against Garden Court Chambers, including all her claims for indirect discrimination.

“We have maintained throughout that our members, quite reasonably, hold differing views in the complex debate around trans and sex-based rights. Our primary aim throughout has always been to uphold our values and maintain a workplace that is inclusive and welcoming to all.

“We are reviewing the judgment carefully with our legal team with a view to appeal.”