Ive just received notification that barrister Allison Bailey has won the first ever gender critical belief discrimination case in the supply of services to the public. It was against her vets Linnaeus Veterinary Limited trading as Palmerston Group.
Whilst first instance (so not to be treated a precedent), it is notable as claimed to be the first gender critical belief discrimination claim in the supply of services to the public. Also as a good illustration of how the shifting burden of proof works in the Equality Act.
The press release reports:
“In 2022, Miss Bailey won a high-profile case against her former barristers’ chambers, which had also discriminated against her on the grounds of her gender critical beliefs. In reaching today’s judgment, His Honour Judge Holmes found that Miss Bailey’s litigation had become known within the vets’ practice, and that while some of the staff supported her, others did not. The Defendant’s pleaded case —that they had expelled Miss Bailey for being rude and aggressive to staff — was not accepted.
Among the Judge’s reasons for reaching his decision was that Miss Bailey had been given no warning; the policy justifying expulsion had not been followed or referred to by the individuals in making their decision to expel; that trans activist material had been distributed throughout the Defendants’ practices; that a team meeting (on the same day on which the Employment Appeal Tribunal handed down its judgment in the Forstater case) had focussed on trans rights activism; that they did not call a material witness in support of the Defendant to give evidence; and that other witnesses’ evidence was unreliable. The judge also relied on the fact that, under cross-examination, one key decision maker was a “hair’s breadth away” from saying she thought gender critical beliefs were “bigoted”
The parties will shortly return to court to determine the amount of damages payable to Miss Bailey, along with her costs.”
Well done to her lawyers Akua Reindorf KC and Peter Daly . As the latter commented “It is essential that businesses and service-
providers take good note of this judgment, and review their own practices and attitudes in order to avoid finding themselves as the next unsuccessful Defendant.”
Also well done to Alison Bailey, whose commitment to justice and anti -unlawful discrimination is an example to us all.
If you need training on consultancy on discrimination in services, facilities and public functions please do contact me.