Gender Critical Employee was Harassed for Her Views
In a first instance decision, the Employment Tribunal has upheld a claim for harassment relating to an employee's protected gender critical belief.
Background of the Case
In the case of Fahmy v Arts Council England, the claimant attended a virtual drop-in session for all staff. The drop-in session had been arranged following the suspension of a grant due to the alleged transphobia of the recipient charity. During the session, the claimant challenged the view that the charity had been anti-trans, and queried how gender critical views were protected.
Following the session, the Deputy Chief Executive sent an email stating that it was important to treat all colleagues with respect and dignity, indicating his personal solidarity with the Council's trans and non-binary staff. In addition, another member of staff sent an 'all staff' email about a grievance raised by the LGBTQIA+ working group, referring to homophobic and anti-trans views expressed in the drop in session. The email contained a link to a document referred to an 'allies support sheet' and other comments responded to the email referring to gender critical beliefs as bigoted and anti-trans, amongst other comments.
The claimant's line manager and another colleague raised concerns about the email and the document that had been circulated, and the link was removed a day later.
The claimant made a complaint under the dignity at work policy which resulted in disciplinary proceedings taking place against the employees involved in the email. The claimant then brought Tribunal claims including a claim for harassment related to religion or belief.
Tribunal's Decision
The Tribunal found that whilst it was inappropriate for the Deputy Chief Executive to express his personal views, his actions did not amount to harassment. They did however prompt the subsequent email that was sent. The actions of the colleague who sent the email were held to be harassment, being unwanted conduct which had the purpose and effect of violating the claimant's dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment.
Learning Points
This is a first instance decision so it is not binding on other Tribunals. However, it is a useful demonstration of the practical challenges employers may encounter in protecting competing views or beliefs within a staff body.