Gender-critical social worker wins tribunal against Westminster council

Rachel Meade will find out in February how much compensation she is owed

A social worker who was suspended for sharing gender-critical views on social media has won an employment tribunal.

Rachel Meade, from Dartford, Kent, won her claim on the basis that the views shared were protected beliefs under the Equality Act.

Her employer, Westminster City Council, apologised for the way she had been treated.

The professional regulatory body, Social Work England, said it would not comment further.

Ms Meade said it was a "huge relief to be so completely vindicated after all this time".

She had been a social worker for about 20 years before she was suspended for sharing views online that were gender-critical - where one believes that sex is a fact of biology that cannot be changed.

The employment tribunal report stated Ms Meade held "gender-critical beliefs, which includes the belief that sex is immutable and not to be confused with gender identity".

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Following a complaint, Social Work England deemed her Facebook posts to be "discriminatory in nature" and started an investigation.

The process culminated in a formal sanction, which was later withdrawn.

'Landmark victory'

Westminster City Council suspended Ms Meade on charges of gross misconduct, saying her social media posts could be deemed "transphobic".

The charge of gross misconduct was eventually dropped, but while the investigation was carried out Ms Meade was suspended from work for a year.

Ms Meade took both organisations to an employment tribunal, which was heard in July.

In the judgment published on Monday, the tribunal said all of her Facebook posts and other communications "fell within her protected rights for freedom of thought and freedom to manifest her beliefs".

Ms Meade had shared gender-critical articles and posts on social media

The council investigation reported that "holding discriminatory beliefs is of significant concern given her position of trust as a social worker".

The tribunal panel said the comments were not discriminatory and that it was "wholly inappropriate that an individual such as (Ms Meade) espousing one side of the debate should be labelled discriminatory".

It added: "Freedom of speech inevitably will involve the right to, on occasion, cause offence to some people but it is clear that that does not preclude an individual's ability to express such views."

Ms Meade said it had been a "horrendous experience".

"This ruling makes it clear that I was entitled to contribute to the important public debate on sex and gender," she said.

Ms Meade's solicitor, Shazia Khan, said: "This is a landmark victory for common sense and free speech in the culture war on gender issues."

Analysis by Lauren Moss, LGBT and identity correspondent

This case is another example of where views related to transgender rights, often loudly discussed and shared on social media, can end up in the courts.

It's happened against a backdrop of polarising opinions between the Scottish and UK governments on self-ID, disagreements about participation in certain sports and the discussion of the definition of sex itself in equalities law.

The tribunal panel acknowledged that this debate can be toxic, but also noted that freedom of expression shouldn't be restricted in a democratic society. What the judgment indicates is that these conversations can and will continue.

The boundary between that freedom to express protected beliefs and what constitutes offence to others will likely continue to be disagreed over publicly and privately.

And the ruling sends out a signal, which will no doubt also be met with divided opinions, that employers need to think carefully about the way they respond to these differences and if, when and how to get involved.

Westminster City Council told the BBC: "We apologise to Rachel Meade for the way she has been treated and the upset that has been caused. We acknowledge and accept the findings of the tribunal.

"As recent landmark cases have shown and the tribunal noted, the issues and policy-making involving gender recognition and rights is a fast-evolving area."

The council said it would study the points made in the judgment and consider what changes it needed to make "to ensure the best balance we can to support our staff, service users and our partners".

Social Work England said it acknowledged the panel's report and all parties had the "opportunity to consider the decision and their options".

Ms Meade will find out in February how much compensation she is owed.

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