The head of Britain’s equality watchdog is being investigated by a senior lawyer over complaints made by colleagues.
A king’s counsel (KC) has been called in by the Equality and Human Rights Commission (EHRC) to carry out an independent investigation into dozens of allegations made against its chair, Kishwer Falkner.
The Guardian understands that 40 complaints have been made by 12 current or former staff members at the EHRC. The nature of the allegations has not been revealed by the watchdog but it said in a statement that it treats “allegations of bullying and harassment with the utmost seriousness, following the proper process, and instructing independent investigators where appropriate, in order to provide assurance to all parties concerned”.
The Daily Mail, which first revealed the investigation into Lady Falkner, quoted sources saying that she denied the allegations. They claimed that they were “ideologically motivated” because she is “the woman breaking woke”.
They suggested she is the victim of a witch-hunt because of the position the watchdog has taken on trans rights under her leadership.
Last year, the EHRC wrote to the Scottish government asking it to pause plans to simplify the legal requirements for gender recognition via self-identification. It also published guidance saying that transgender people can be legitimately excluded from single-sex services if the reasons are “justifiable and proportionate”.
Last month, in response to a request for advice from the equalities minister, Kemi Badenoch, Falkner wrote back in support of changing the Equality Act 2010, so that the protected characteristic of sex meant biological sex.
The EHRC’s interventions on the subject have angered LGBT+ groups as well as some of its own staff. In January, Vice News reported that seven senior officials including a board member had recently quit the EHRC over its alleged “transphobic direction”, having previously reported other resignations over the issue.
Marcial Boo, EHRC chief executive, said: “Both executive and non-executive staff rightly discussed a wide range of views, advice and evidence on legal, policy and practical matters relating to the operation of the Equality Act before advising that the definition of ‘sex’ in law was a matter that the government should consider.
“We were clear in our letter that the EHRC will continue to protect the rights of everyone in Britain, including those with the protected characteristics of sex and gender reassignment.”
He said: “Legal issues on which we advise, particularly relating to sex and gender, can be very complex, and there are a range of views among our experts, as in society.”
With respect to the complaints against Falkner, he said he was disappointed that details of an internal investigation had been made public and urged the media to avoid prejudicing the outcome.
“Staff welfare is of paramount importance to us,” said Boo. “Our recent staff survey confirmed that the EHRC is a positive and supportive workplace.
“We treat allegations of bullying and harassment with the utmost seriousness, following the proper process, and instructing independent investigators where appropriate, in order to provide assurance to all parties concerned. It would be wrong to comment on specifics when an investigation is ongoing.”
The prime minister’s spokesperson gave No 10’s backing to Falkner at the Downing Street press briefing on Tuesday morning, telling reporters: “The government has enjoyed a constructive relationship with both the commission and the chairwoman on its important ongoing work relating to equality.”
Falkner declined to comment.
