London Daily

Focus on the big picture.
Sunday, Nov 01, 2026

Barrister was discriminated against for gender-critical views, tribunal hears

Barrister was discriminated against for gender-critical views, tribunal hears

Allison Bailey says Garden Court chambers and Stonewall wrongly treated her gender-critical views as transphobic
A barrister was unlawfully discriminated against by her chambers, which, encouraged by Stonewall, wrongly treated her gender-critical views as transphobic and bigoted, an employment tribunal has been told.

Allison Bailey is suing Garden Court chambers and Stonewall after she was asked by her chambers to delete two tweets criticising the LGBTQ+ charity’s position on trans rights and which Stonewall had complained about.

Bailey, a lesbian and founder of the gender-critical group LGB Alliance, refused to delete the tweets and alleges unlawful discrimination and victimisation, claiming she suffered detriment at the hands of the chambers, including a reduction in work offered to her by clerks. People who are gender-critical disagree with the view that gender identity should be prioritised over biological sex.

As evidence in the case began on Friday, Bailey’s barrister, Ben Cooper QC, told the London central employment tribunal in written submissions: “The claimant’s essential case is that gender identity ideology had become entrenched at an organisational level at Garden Court and, associated with this, importance was attached to the relationship with Stonewall, which resulted in a view of the claimant and her beliefs, at least amongst those dealing with the issues, as being transphobic and bigoted.”

Garden Court chambers was a member of Stonewall’s Diversity Champions scheme, under which businesses pay the charity for advice and assessments on creating inclusive workplaces. In one of the two tweets Bailey was later asked to remove, she tweeted thanking the Times for “fairly & accurately reporting on the appalling levels of intimidation, fear & coercion that are driving the @stonewalluk trans self-id agenda”.

The tweets led to complaints to the chambers, including one from Stonewall which, Cooper told the tribunal, had been solicited to submit an objection by Michelle Brewer from the chambers’ trans rights working group.

Bailey is claiming direct discrimination on the basis of her gender-critical views, which were previously found to be a protected philosophical belief under the Equality Act in the Maya Forstater case. She is also claiming indirect indiscrimination, arguing that the gender critical movement “is comprised predominantly of women and disproportionately of lesbians” and so they were more likely to be disadvantaged by the chambers’ policies.

This is disputed by Garden Court chambers which says research by both the Equality and Human Rights Commission and YouGov shows that women are more likely to have positive attitudes towards transgender people than men. It accepts gender-critical views are a protected philosophical belief, but its barrister, Andrew Hochhauser QC, said in written submissions: “The law makes clear that there is a distinction between a protected belief and manner in which it is expressed. There is no licence to abuse.”

He told the tribunal Brewer did not procure a complaint from Stonewall, nor did the LGBT campaign group influence the chambers investigation carried out by Maya Sikand QC, a part-time judge and member of Garden Court’s management board.

He said that Sikand received advice from Cathryn McGahey QC, vice-chair of the Bar Council’s ethics committee, and that the two tweets were “probably over the borderline of acceptable conduct”.

Hochhauser added: “The outcome was that she [Bailey] was asked to delete the two tweets. She refused. Nothing happened. No further action was taken. She remains at Garden Court.”

He called the claim that clerks withheld work from Bailey “ludicrous” and said it was not supported by any written or oral evidence.

A spokesperson for Garden Court chambers said: “We strongly refute the claims made against us. We have a professional obligation to investigate any complaints received by our chambers. Following an investigation in 2019 into complaints made about Ms Bailey’s social media posts, it was concluded that no action was necessary.”

The hearing is expected to last for four weeks.
Newsletter

Related Articles

0:00
0:00
Close
Home Office Expands Border Security Operations and Intelligence Sharing With European Partners
Office for National Statistics Reports Modest Retail Sales Growth Ahead of Crucial Christmas Trading Season
Welsh Government Unveils Strategic Plan to Boost Regional Technology Innovation and Digital Skills Training
Department for Environment Food and Rural Affairs Implements New Agricultural Subsidies Framework for English Farmers
Scottish First Minister John Swinney Announces Major Regional Infrastructure and Green Energy Investment Strategy
National Health Service Leaders Warn of Severe Winter Pressures and Mounting Accident and Emergency Backlogs
Bank of England Monetary Policy Committee Signals Cautious Interest Rate Path Amid Persistent Services Inflation
Chancellor of the Exchequer Rachel Reeves Finalizes Autumn Budget Framework Aiming to Close Public Sector Fiscal Gap
Department for Science, Innovation and Technology Prepares Enhanced Artificial Intelligence Safety and Cyber Defense Frameworks
United Kingdom Government Expands International Sanctions Framework Against Russian Shadow Fleet and Financial Enablers
Institute of Directors Reports Sharp Post-Budget Drop in Business Confidence Despite Long-Term Investment Intention Shifts
Chancellor John Healey Defends Sweeping Fiscal Adjustments and Household Support Packages Following Autumn Budget
Parliamentary Petitions Committee Schedules Major Legislative Debates on Special Educational Needs and Non-Stun Meat Labelling
Regional Devolution and Good Growth Fund Frameworks Reshape Local Government Funding Across English Regions
Loughborough University Economic Analysts Highlight Substantial Uncertainty Surrounding Public Sector Efficiency Savings
British Legal Sector Drives Sixty Billion Pounds in Annual Economic Output While Employing Over Half a Million Professionals
Law Society Welcomes New Better Regulation Executive While Pressing for Long-Term Legal Aid Funding Reform
Metropolitan Police and Security Services Heighten Operations Across London Ahead of Large-Scale Public Demonstrations
Bank of England Economists Scrutinize Corporate Tax Adjustments and Public Sector Borrowing Pressures
Chancellor John Healey Defends Autumn Budget Tax and Spending Allocations Following Intense Parliamentary Scrutiny
Department for Environment, Food and Rural Affairs Implements Strict Water Quality Monitoring Rules Following Severe Rainfall and Flooding
Welsh Government Unveils Comprehensive Regional Housing Strategy to Address Rural Affordability and Homelessness Pressures in Cardiff
Office for National Statistics Reports Slowing Consumer Price Inflation and Steady Retail Performance Across United Kingdom Markets
Northern Ireland First Minister Michelle O'Neill and Deputy First Minister Emma Little-Pengelly Advance Cross-Border Infrastructure Agreement in Belfast
Competition and Markets Authority Launches Formal Investigation Into Artificial Intelligence Partnerships Involving Major Technology Corporations
Scottish First Minister John Swinney Secures Cross-Party Support for Devolved Budget Framework and Renewable Energy Expansion
High Court Rules in Favor of Environmental Campaigners Over Department for Energy Security and Net Zero Licensing Procedures
National Health Service England Announces Major Digital Modernization and Artificial Intelligence Diagnostic Rollout Across Regional Trusts
Bank of England Monetary Policy Committee Signals Cautious Approach to Interest Rate Cuts Amid Persistent Wage Growth and Inflation Pressures
British Prime Minister Keir Starmer and Chancellor Rachel Reeves Outline Strategic Infrastructure Plans to Boost Regional Growth and Private Investment
Water pollution remains high despite £5bn investment
Regional Economic Divergence and Industrial Transformation
Technological Sovereignty and Regulatory Scrutiny
Fiscal Consolidation and Public Service Pressures
Automotive Industry Leadership Warns of Imminent Supply Chain Disruptions Following Recent European Trade Negotiations
High Court Delivers Landmark Ruling Affirming Strict Legal Protections for Corporate Data Privacy Against State Surveillance
Welsh First Minister Eluned Morgan Secures Additional Funding for Regional Transport Infrastructure and Rail Modernization
Scottish First Minister John Swinney Announces Major Green Energy Infrastructure Investment Package for Aberdeen
Department for Work and Pensions Proposes Sweeping Welfare Reforms to Incentivize Long-Term Unemployed Back into Work
Competition and Markets Authority Launches Formal Investigation into Artificial Intelligence Partnerships Involving Major Tech Giants
United Kingdom Foreign Secretary David Lammy Concludes High-Level Strategic Talks in Washington on Middle East Security
National Health Service England Unveils Emergency Winter Resilience Plan to Combat Projected Surge in Emergency Admissions
Bank of England Governor Andrew Bailey Signals Cautious Approach to Interest Rate Cuts Amid Persistent Inflation
British Chancellor Rachel Reeves Finalizes Corporate Tax Overhaul Ahead of Autumn Budget to Fund Public Services
Automotive Manufacturers Urge Government Action as High Energy Costs and Global Supply Chain Disruptions Threaten Production
Metropolitan Police Issue Formal Apology Following Inadvertent Release of Confidential Information During High-Profile Investigation
Scottish Finance Secretary Shona Robison Unveils Devolved Budget Highlighting Housing and Public Service Adjustments
Energy Regulator Office of Gas and Electricity Markets Prepares to Remove Household Gas Standing Charges Following Treasury Mandate
Treasury Confirms Reversal of Planned Cash Individual Savings Account Allowance Reduction Protecting Twenty Thousand Pound Limit
Office for Budget Responsibility Revisions Predict Moderate United Kingdom Economic Growth with Elevated Inflation Pressures
×