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Adams v Edinburgh Rape Crisis Centre (2024)

1 July 2024

In this case, the Employment Tribunal found that Adams, an employee who worked for Edinburgh Rape Crisis Centre (ERCC), had been unlawfully discriminated against and constructively dismissed for her gender-critical beliefs.

Adams, whilst supportive of trans inclusion, believed that biological sex is real and is not to be conflated with gender identity. Adams believed that survivors of sexual violence should have a choice about their support worker’s sex, and although ERCC had an occupational requirement of only recruiting women, and a further policy of supporting women, trans and non-binary people, Adams became concerned with ERCC’s approach to gender identity when their CEO, who was a trans woman, labelled Adams as transphobic following the Claimant’s suggestion that a colleague inform a service user that they were born a woman but now identify as non-binary, when faced with a query regarding their gender. The Claimant’s actions were found by the employer to amount to gross misconduct.  However, the Tribunal found that an investigation should not have been launched as it ‘was clearly motivated by a strong belief amongst the senior management […] that the Claimant’s views were inherently hateful’, and therefore, the Claimant had been unlawfully discriminated against by having her gender-critical beliefs treated as a disciplinary matter. Rape Crisis Scotland has now commissioned an independent review into practices and procedures set at the Edinburgh facility. 

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