1. Allison Bailey, the barrister who successfully sued her chambers, Garden Court, for direct discrimination when the chambers put her under investigation following a complaint from LGBTQ+ charity Stonewall about the barrister, who is black and a lesbian.
2. Bailey, who does not believe men can become women, came to prominence in October 2019, when she helped to set up the charity LGB Alliance, and after bringing her landmark discrimination case.
3. Bailey was represented by top silk Ben Cooper KC, who argued, in both the Employment Tribunal and the Employment Appeal Tribunal, that Stonewall acted unlawfully when they caused or induced the direct discrimination she suffered at the hands of Garden Court Chambers.
4. The Hon. Mr Justice Bourne, sitting in the Employment Appeal Tribunal, did not agree and dismissed Bailey’s case against Stonewall in a judgment that will shock legal commentators, many of whom believe that Stonewall was lucky to escape legal liability in the first place.
. . .
9. In a dramatic twist, Bailey believes that although she has lost her Appeal, the judgment creates legal liability for Stonewall in the area of indirect discrimination and thus further represents a hollow victory for them. Bailey wrote on X/Twitter:
“My case is about direct discrimination, but the judgment also
considers indirect discrimination. There, it appears to establish that
workplace policies of “Stonewall Law” which are implemented
through the Diversity Champions Scheme – e.g. the removal of single
sex spaces – DOES in fact generate legal liability”.
10. Bailey thanked everyone who has supported her and said that she will consider carefully next steps with her legal team.
Very sad
I’m looking forward to supporting any further action Allison takes against Stonewall 😉