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Landmark case – Council to pay damages for discrimination

Rachel Meade, a social worker who was suspended by Westminster City Council for expressing her gender critical beliefs, has won her employment tribunal case against both the council and Social Work England, her regulatory body, and will be awarded a substantial amount in damages from the council.

She won her claim on the basis that her views are a protected belief under the Equality Act 2010. The tribunal report stated that Ms Meade’s views were “gender critical beliefs, which include the belief that sex is immutable and not to be confused with gender identity”.

From Rachel’s post-victory update on her crowdfunding page: Social Work England and Westminster City Council have been ordered to pay a total of £52,880.55 in damages as compensation for injury to feelings, and aggravated damages. Social Work England has in addition been ordered to pay £5,463.56 “as exemplary damages” as a result of “its serious abuse” of its regulatory power”. This takes the total award to £58,344.11.

Read Rachel’s full update, which includes an absolutely damning indictment of the conduct of Westminster City Council by the Tribunal, of the appalling treatment Rachel was subjected to.

Rachel Meade:

Huge relief to be so completely vindicated after all this time.
It’s a huge relief that it’s finally over and that the ET awarded a significant amount of compensation to reflect the serious nature of the harassment I experienced at the hands of my professional regulator and employer just for expressing legitimate beliefs and concerns.
It remains concerning for our profession that as an organisation Social Work England cannot apologise or publicly acknowledge their mistaken stance to date. They urgently need to implement the findings of the CASS review into best practice.

Picture: Rachel Meade (left) with Maya Forstater.

It is understood to be the first time that a regulator has been ordered to pay exemplary damages, which is reflection of the standard of how they carried out their regulatory duties.

Rachel’s solicitor Shazia Khan, of Cole Khan Solicitors, said: “The judgment is a damning indictment of Social Work England and Westminster City Council’s prolonged and oppressive treatment of my client.

“An award of exemplary damages against a regulator for the manner in which it has carried out its function is unprecedented. This should serve as a resounding warning to all regulators that they must not let their processes be weaponised by activists who seek to punish and silence legitimate debate.”

This is a landmark case that should cause local authorities to examine their policies and practices and to consult their legal departments. For too long local authorities have accepted unquestioningly the ideas of paid lobby groups, instead of assessing these ideas and making a judgement about their suitability, consequently putting the authority at risk of falling foul of the law.

This case shows that cash strapped local authorities are at financial risk of suffering substantial costs and damages, when their policies are exposed as causing them to discriminate against and mistreat their employees who have expressed lawful philosophical beliefs.

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