London Daily

Focus on the big picture.
Friday, Sep 04, 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
Scottish Tech Company PureLifi Enters Administration With More Than 40 Job Losses
Scottish Government Names Alyn Smith Innovation and Education Minister
Green Party Co-Leader Zack Polanski to Contest By-Election for Keir Starmer’s Former Seat
Palestine Action Activists Appeal Terrorism-Related Prison Sentences
PwC Report Highlights Persistent Regional Spending-Power Divide Across Britain
UK Names Hundreds of Employers for Minimum Wage Violations
UK Commits £400 Million to International Tropical Forest Fund
UK Extends £2 Bus Fare Cap Across England Through 2027
UK Warns Travellers as US-Iran Tensions Disrupt Middle East Security and Shipping
Andy Burnham Faces Kemi Badenoch in First Prime Minister’s Questions
Kemi Badenoch Names Andrew Griffith Shadow Chancellor in Conservative Reshuffle
UK Treasury and Markets Focus on Fiscal Headroom Ahead of Autumn Budget
UK Government Reverses Early Release Plans for Serious Violent and Sexual Offences
UK and France Review Border Cooperation After 48,000 Small-Boat Crossings Prevented
UK Growth Outlook Weakens as Inflation and Energy Costs Rise
Breeding Tropical Mosquitoes Discovered in East London
Sadiq Khan Agrees to Search of Digital Communications in Palantir Lawsuit
Scottish Protesters Call for Moratorium on AI Data Centre Expansion
Uber Drivers Bring London Class Action Over Algorithmic Management
Reform UK Accepts £4 Million Donation From Cryptocurrency Billionaire Pardoned by Trump
Justice Secretary Tightens Early Release Scheme to Exclude Manslaughter Offenders
Kemi Badenoch Reshuffles Conservative Team as Reform UK Pressure Grows
British Mortgage Rates Rise as Global Bond Sell-Off Pushes Up Borrowing Costs
UK Records Hottest Summer on Record in 2026
UK Government Urges Households to Stock Essential Supplies Ahead of Severe El Niño Risk
UK Prepares Targeted Sanctions Over Israeli Settlements in West Bank
Reform UK Faces Electoral and Police Scrutiny Over Foreign Donation Allegations
UK and France Expand Channel Migration Cooperation as Trade Tensions Surface
UK Marks Merchant Navy Day With Tribute to Civilian Seafarers
Burnham Pays Tribute to Two Police Officers Killed on Duty in Northern England
Booking.com Left Fake Downing Street Listing Online for Two Months, Which Says
Burnham and Macron to Review UK-France Cooperation on Channel Crossings
UK Business Confidence Improves Slightly but Investment Concerns Persist
Burnham Faces Pressure Over Future North Sea Oil and Gas Licences
Burnham Pushes Wider English Devolution Through ‘Number Ten North’
British Chambers of Commerce Raises 2026 UK Growth Forecast to 1%
Keir Starmer Resigns as Holborn and St Pancras MP, Triggering By-Election
UK Chancellor Faces Tighter Budget Headroom as Long-Term Borrowing Costs Rise
UK Government Weighs Thames Water Nationalisation as Financial Crisis Deepens
Prime Minister Andy Burnham Faces First Commons Questions Over Tax and Spending Plans
Eleven British Seafarers Receive Merchant Navy Medal
Which? Creates Fake 10 Downing Street Rental Listing to Expose Booking.com Vetting Weaknesses
BP Appoints New Chairman in Effort to Stabilise Leadership
Aberdeen Sells Hydrogen Bus Fleet at Heavy Loss After Green Transport Experiment
UK Records Hottest Summer on Record as Climate Change Intensifies Extreme Heat
Scotland Pledges to End Temporary Accommodation for Children and Build 111,000 Affordable Homes
DNO Agrees $396 Million Deal to Acquire Capricorn Energy
Uber and Wayve Launch UK’s First Supervised Autonomous Ride-Hailing Service in London
Britain Expected to Avoid New US Tariffs Targeting European Union
Middle East Conflict Pushes UK Energy Costs Higher and Revives Inflation Concerns
×