A social worker who was suspended after sharing gender critical beliefs online has won her claim against her employer for discrimination.
A tribunal panel found that Westminster city council and Social Work England had discriminated against Rachel Meade on the basis of her protected beliefs under the Equality Act 2010.
The tribunal heard that a member of the public who was Facebook friends with Meade had complained to her regulator in 2020 about posts she had shared or liked on the social media platform, including satirical posts and petitions.
Social Work England sanctioned Meade for misconduct, which led to Westminster city council suspending her on charges of gross misconduct before giving her a final written warning.
Case examiners at Social Work England found Meade had “engaged in a pattern of discriminatory behaviour which persisted over an extended period” and her actions “could be perceived to be derogatory and potentially discriminatory to members of the transgender community”.
Westminster city council then suspended Meade and started a disciplinary investigation with a warning that she was at risk of being dismissed for misconduct.
According to Meade’s legal representatives, by the time the case was heard both the regulator’s sanction and the employer’s warning had been withdrawn, but the social worker had been suspended from work for a year and “bullied into silence”.
A 51-page judgment said that all Meade’s Facebook posts fell “within her protected rights for freedom of thought and freedom to manifest her beliefs”, and that her opinions were not “of a nature that they aimed at the destruction of any of the rights and freedoms of others”.
It said: “In particular we do not consider that the respondents struck a fair balance between the claimant’s right to freedom of expression and the interests of those who they perceived may be offended by her Facebook posts.”
The judge said the disciplinary process from 6 November 2021 amounted to harassment, and that both parties should have done more to examine the motives of the complainant.Responding to the judgment, Meade said it was a “huge relief to be so completely vindicated”. She said: “It has been a horrendous experience. This ruling makes it clear that I was entitled to contribute to the important public debate on sex and gender.
“I hope it will make it easier for other regulated professionals to speak up without threats to their career and reputation.”
Meade’s solicitor, Shazia Khan, of Cole Khan Solicitors, called the judgment a “landmark victory for common sense and free speech in the culture war on gender issues”.
Following the judgment, Westminster city council apologised to Meade “for the way she has been treated and the upset that has been caused”.
A spokesperson said issues involving gender recognition and rights was “a fast-evolving area” and that it would carefully study the judgment to “consider “what changes we need to make at Westminster city council to ensure the best balance we can to support our staff, service users and our partners”.
Colum Conway, the chief executive of Social Work England, said: “Following the judgment, all parties have the opportunity to consider the decision and their options. As such, we do not intend to provide further comment at this time.”
