Employment tribunal decides on case of ‘gender critical’ views – a lesson for employers

The recent case of an employee being dismissed because of her ‘gender critical beliefs’ and her subsequent success at an employment tribunal for unfair dismissal is a stark warning to employers on how and when to approach such potential conflict in the workplace.

Background to the Case

The case involved an employee who worked at a rape crisis centre and questioned the organisation’s rules about trans female counsellors working with female rape survivors. Roz Adams had questioned whether it was fair and appropriate for the centre to insist that its clients could not specify that they only wanted support from biological women. As she ‘didn’t subscribe’ to the gender ideology that the management did and which they wished to promote within the organisation, Adams was dismissed. However, having taken her case to the employment tribunal she was found to have been unfairly discriminated against.

What does this case indicate about the treatment of gender critical beliefs as a philosophical belief in employment tribunals?

This case underlines the critical importance of balancing diverse beliefs in the workplace for employers. In a tribunal setting, no single belief should be favoured or deemed right or wrong. Employers must ensure this balance is reflected in their policies and procedures. They should also remind staff to respect others’ beliefs and communicate clearly that inappropriate comments or remarks will not be tolerated and could constitute unlawful harassment, potentially leading to formal action.

What are employers’ legal obligations when dealing with disputes over gender critical beliefs?

Employers must handle these issues with sensitivity and fairness, ensuring that their processes are free from bias that might favour one belief over another. It is crucial to investigate concerns fairly and consistently to avoid accusations of unlawful discrimination or harassment. Employers should remember that failing to address concerns fairly or unfairly initiating disciplinary actions can result in unlawful discrimination claims.

How can HR teams protect an organisation against claims related to philosophical beliefs?

To safeguard an organisation from these types of claims, HR teams should proactively ensure that all employee views are respected. This involves implementing thorough training, policies, and processes to minimise procedural concerns. If impartiality is a concern, employers might consider appointing external support to ensure unbiased handling of concerns and fair investigations.

HR should mandate regular training on equality and diversity, emphasising the recognition and addressing of unconscious bias. Documenting these training processes helps guard against unfair investigations and can provide a robust defence against claims of unlawful harassment and discrimination based on protected philosophical beliefs.