Insights / News

Naomi Cunningham appeared in the Edinburgh employment tribunal for a counsellor complaining against Edinburgh Rape Crisis Centre of discrimination, harassment and constructive dismissal on grounds of her protected 'sex-realist’ belief.

Naomi Cunningham acts for rape crisis support worker in Scotland in belief discrimination claim

Naomi Cunningham appeared in the Edinburgh employment tribunal for a counsellor complaining against Edinburgh Rape Crisis Centre of discrimination, harassment and constructive dismissal on grounds of her protected ‘sex-realist’ belief.

Naomi represented Roz Adams, who was accused of being ‘transphobic’ after she consulted a ‘non-binary’ colleague, AB, about how she could reassure a client assigned to AB that AB was not a man. Managers insisted that it was contrary to policy to disclose the sex of any worker to a service user, although service users could be told that no men were included in its staff or volunteer team. The Centre’s CEO is Mridul Wadhwa, a transwoman.

Ms Adams left the centre after the disciplinary hearing concluded that she was guilty of insubordination and breach of the Centre’s bullying and harassment policy. Evidence concluded on Wednesday, and submissions will be heard on the 3rd of April.

Naomi is instructed by Katy Wedderburn of Gunnercooke.

Find out more

This tribunal follows the recent decision in Meade v Westminster City Council & Social Work England in which Naomi was successful on behalf of the Claimant in a discrimination claim on the basis of protected beliefs under the Equality Act 2010.

Naomi specialises in discrimination law, mainly but not exclusively in the employment context. She has a particular interest in the interaction between the Equality Act and the Gender Recognition Act, gender reassignment discrimination, the single-sex exceptions in the Equality Act, and the public sector equality duty. She gave evidence to the Women and Equalities Select Committee on reform of the GRA in February 2021, and to the Equalities, Human Rights and Civil Justice Committee of the Scottish Parliament in June 2022, and again to the Women and Equalities Select Committee at Westminster in January 2023.

To find out more, contact Nick Levett +44 (0)20 7427 4908 or Mark Gardner +44 (0)20 7427 4909 for a confidential discussion.

News 26 Jan, 2024

Authors

Naomi Cunningham

Call: 1994

Portfolio Builder

Select the expertise that you would like to download or add to the portfolio

Download    Add to portfolio   
Portfolio
Title Type CV Email

Remove All

Download


Click here to share this shortlist.
(It will expire after 30 days.)