BACKGROUND: The "Stonewall judgement case" ruling:
Bailey v Stonewall Equality Ltd & others, a significant UK discrimination case where barrister Allison Bailey sued her chambers (Garden Court Chambers - GCC) and Stonewall for discrimination based on her gender-critical beliefs. While the tribunal found GCC discriminated against her by investigating her tweets, it dismissed her claims against Stonewall, ruling Stonewall didn't induce or cause that discrimination, a decision upheld by the Employment Appeal Tribunal (EAT) in 2024, though Bailey is appealing further.
Key Points of the Case:
- Claimant: Allison Bailey, a barrister holding gender-critical beliefs (believing sex is immutable biological reality).
- Respondents: Garden Court Chambers (her employer) and Stonewall (an LGBT charity advising GCC).
- Core Allegation: Bailey claimed GCC discriminated against her for her beliefs, and that Stonewall caused or induced this discrimination by influencing GCC's actions.
Tribunal Findings (2022):
- Against GCC: Found GCC unlawfully discriminated against Bailey by investigating her tweets questioning gender self-identity, awarding her £22,000 for injury to feelings.
- Against Stonewall: Dismissed claims that Stonewall instructed or induced GCC's discrimination, finding GCC solely responsible for its decisions.
Appeal Tribunal Findings (EAT, 2024):
- Upheld the decision that Stonewall was not liable for inducing discrimination, stating it wasn't "fair or reasonable or just" to hold them responsible, as GCC made its own decision to investigate.
- This clarified that responsibility for unlawful discrimination generally rests with the discriminator, not a third party, even if their complaint prompts an investigation.
Current Status:
What the Court of Appeal Decided
The Court of Appeal gave a mixed result. They said the first tribunal made legal mistakes, so part of the case has to be heard again.
Here is a breakdown of who won what:
"Wins" and "Losses" Table
Point of the Case Outcome (Win, Loss, or Draw) What It Means in Simple Terms
1. Direct Discrimination claim against GCC WIN for Bailey (Appeal Allowed) The Court agreed that the tribunal was wrong to ignore Stonewall’s influence. GCC’s decision to investigate was linked to her beliefs, so this claim gets a new hearing.
2. Victimisation claim against GCC LOSS for Bailey (Appeal Dismissed) The Court agreed GCC investigated her because of the content of her tweets and the complaints, not because she had sued them. This claim is finally dismissed.
3. Claim against Stonewall for causing discrimination WIN for Bailey (Revived) Because the direct discrimination claim against GCC is back on, the related claim that Stonewall pressured GCC to do it is also back on and gets a new hearing.
4. The status of her "gender-critical" beliefs WIN for Bailey (Reaffirmed) The Court strongly restated that her beliefs are protected by law. This was never really in doubt, but it's an important foundation for her win on point 1.
The Bottom Line (In Plain English)
Bailey gets another shot: She won the most important legal argument. The court said the link between Stonewall's pressure, her beliefs, and GCC's actions must be properly examined. Her core claim of discrimination will be heard again by a new tribunal.
One claim is dead: Her separate claim that she was punished for suing her chambers (victimisation) has been completely thrown out.
Stonewall is not off the hook: Because the discrimination claim is being retried, the question of whether Stonewall illegally caused that discrimination will also be retried.
Why this matters: This ruling is a big deal. It sets a precedent that an organisation (like Stonewall) can be held responsible if it pressures another (like a chambers) to take action against someone because of that person's protected beliefs.
