News & Events
News & Events
Naomi Cunningham has written an article titled ‘Women’s Sport and the law’ in New Law Journal. In this article, discrimination law specialist, Naomi Cunningham, and Fiona McAnena, director of sport at Fair Play For Women, examine what is fair and what is legal when it comes to trans inclusion in elite women’s sports, weighing up the law and the latest guidance. For as long as there has been organised sport, men and women have competed in separate categories. In March 2023, World Athletics announced that no athlete who had gone through male puberty would be allowed to compete in women’s world ranking competitions. Soon after, UK Athletics followed suit. Naomi and Fiona discuss whether sporting bodies risk legal claims brought…
External Publications 6 Jun, 2023
The Women and Equalities Select Committee invited Naomi Cunningham to a formal meeting on the Gender Recognition Reform (Scotland) Bill and Equality Act Naomi Cunningham appeared last week before the Women and Equalities Select Committee to discuss the interaction between the Equality Act 2010 and the Gender Recognition Act 2004. She appeared before MPs beside Lord Falconer of Thoroton KC, Robin White (Barrister, Old Square Chambers) and Dr Michael Foran (Senior Fellow and Lecturer in Public Law at Glasgow University) to explore the repercussions of the Scottish Government’s Gender Recognition Reform Bill. Cross-party MPs were told that the SNP’s Gender Recognition Reform (Scotland) Bill (GRR) will change the legal definition of sex for both men and women, to the extent that…
News 9 Feb, 2023
Outer Temple’s Andrew Allen KC and Naomi Cunningham presented at our ‘After Forstater: Sex and Gender in the Workplace’ seminar on 21st September 2022. The slides and full video of the talk are now available. Barristers Andrew Allen KC and Naomi Cunningham, who both specialise in Employment & Discrimination, spoke at the recent ‘Sex and Gender in the Workplace Seminar’. This event provided advice for both employers and employees on how to approach the current gender critical debate in the workplace by focussing on recent case law and the practical measures that employers can or must do. The Discussion Andrew Allen KC, joining remotely, opened the event with a short tour of the Gender Recognition Act 2004 and the Equality…
Webinars & Recordings 7 Oct, 2022
Join Outer Temple Chambers and guests for an upcoming seminar hosted by Andrew Allen QC and Naomi Cunningham named ‘After Forstater: Sex and Gender in the Workplace’. This will take place on Wednesday 21st September 2022. You are invited to join Outer Temple Chambers for a discussion hosted by Andrew Allen QC and Naomi Cunningham on sex and gender in the workplace and employment law. Within the talk, Andrew and Naomi will analyse recent legal developments and provide practical tips and advice. This event will be useful for both claimant and respondent solicitors. The event is hybrid and will take place at Outer Temple Chambers in London on Wednesday 21st September 2022 from 6 pm – 7:30 pm as well…
Events 22 Jul, 2022
The Equalities, Human Rights and Civil Justice Committee invited Naomi Cunningham to give evidence the Gender Recognition Reform (Scotland) Bill on 14th June 2022. Naomi Cunningham gave evidence to the Equalities, Human Rights and Civil Justice Committee on the Gender Recognition Reform (Scotland) Bill at the Scottish Parliament on Tuesday 14th June 2022. The Committee took evidence on the Bill from Professor Sharon Cowan (Professor, University of Edinburgh School of Law), Naomi Cunningham (Barrister, Outer Temple Chambers), Karon Monaghan QC (Barrister, Matrix Chambers) and then from David Parker (Lead Clinician, National Gender Identity Clinical Network for Scotland). The Committee then considered the evidence in the afternoon in private. You can watch the meeting on-demand here: https://www.scottishparliament.tv/meeting/equalities-human-rights-and-civil-justice-committee-june-14-2022 Find Out More Naomi…
News 14 Jun, 2022
Outer Temple Barristers Naomi Cunningham, Will Young and Bianca Venkata have recently completed the ’25 for 25: Pro Bono Challenge’, run by the charity Advocate. In order to complete this challenge, they all had to complete 25 hours or over of pro bono work between June 2021 – June 2022. Advocate is a charity that connects volunteer barristers with those who require free legal assistance. This ensures that those who cannot afford legal assistance can still receive justice. Yet another three of Outer Temple’s barristers have completed the ’25 for 25: Pro Bono Challenge’ ran by Advocate. This challenge requires barristers to complete a total of 25 hours of pro bono work between June 2021 – June 2022. We are…
News 6 Jun, 2022
We are delighted to announce that Naomi Cunningham has been named by The Lawyer as a ‘Hot 100 Lawyer’ for 2022. Every year, The Lawyer compiles a list of lawyers that they feel have made an impact on the legal world and have excelled in their field. Their ‘Hot 100’ rates on excellence and relevance. It covers “an incredibly diverse mix of legal professionals; scrappers from the rough and tumble of criminal law; sophisticated corporate dealmakers; intellectuals and silver-tongued advocates from barristers’ profession; the in-house counsel with the ear of their CEOs; associates rising to greatness; and even the occasional professional with no legal qualifications at all who is nevertheless showing the industry how to better itself. But whatever…
News 17 Jan, 2022
Naomi Cunningham has been published in the latest Discrimination Law Association Briefing paper on the latest Forstater v CGD Europe EAT decision. Naomi’s article was included in the DLA November briefing paper (Vol 74, 987-1000 Nov 2021) on the subject of gender critical beliefs following the recent EAT decision in Forstater v CGD Europe Ltd [2021] UKEAT/0105/20/JOJ. Her article looks at the facts of the case and the implications for practitioners going forward. Read the full briefing here. Discrimination Law Association Journal This DLA journal provides accessible and authoritative analysis of the latest developments in discrimination law. The publication takes a complainant-oriented perspective and cover all areas of discrimination law. Briefings contains editorials with analytical overviews of current issues, discussions…
External Publications 9 Nov, 2021
The Court of Justice of the European Union gives important judgment in favour of several thousand female and male workers represented by Keith Bryant QC, Naomi Cunningham, Stephen Butler and Chloë Bell (instructed by Harcus Sinclair UK Limited, part of Harcus Parker) bringing equal pay claims against Tesco. This is a seminal judgment on the scope of equal pay protections to which workers in England and Wales must now be entitled in domestic courts and tribunals; Article 157 TFEU has direct effect in equal pay claims based on work of equal value. The claimants, represented by the team from Outer Temple Chambers, are all store-based employees or former employees of Tesco Stores Ltd. They claim that they are paid significantly less than the approximately 11,000 employees…
News 3 Jun, 2021
Naomi Cunningham has been awarded The Lawyer’s ‘Barrister of the Week’ in recognition of her role as part of the team acting for 35,000 claimants in an equal pay claim against ASDA at the Supreme Court earlier this month. The Lawyer, in their article, explored Naomi’s employment law career, starting over 20 years ago when Naomi thought that representing 42 low paid workers in a case against Cromwell Hospital was a formidable logistical challenge. Fast forward to today and Naomi is currently part of a team acting for 35,000 claimants in an equal pay claim against ASDA, most recently landing a noteworthy triumph in the Supreme Court. The Supreme Court unanimously rejected Asda’s appeal and held that the Claimants (35,000…
News 13 Apr, 2021
In a judgment handed down this morning, the Supreme Court unanimously rejected Asda’s appeal and held that the Claimants (35,000 predominantly female retail employees) can use male distribution employees as comparators for the purposes of an equal pay claim. Andrew Short QC, Naomi Cunningham and Paul Livingston were instructed by Leigh Day to appear on behalf of the Claimants. The claims are brought on the basis that retail employees are paid less than distribution employees despite doing work of equal value. Asda had argued that the distribution employees were not valid comparators as they and the retail employees worked at different locations and were not employed on “common terms” within the meaning of the legislation. This argument was previously rejected…
News 26 Mar, 2021
Naomi Cunningham was part of a legal team who, today, have won a High Court challenge against the Office for National Statistics regarding a question on sex and the issue of self-identification in the 2021 census. Campaign Group Fair Play for Women has won its campaign to have guidance from the Office for National Statistics about the “sex” question in the 2021 Census permanently withdrawn. Mr Justice Swift granted permission and interim relief in an urgent hearing in the Admin Court last week, and listed the case for an expedited full merits hearing on 18th March 2021. Jason Coppel QC and Tom Cross from 11KBW and Outer Temple Chambers’ Naomi Cunningham were instructed by Sinclairslaw for Fair Play…
News 17 Mar, 2021
