Social worker awarded £55k and £8k costs after accusing council employer of discriminating against protected beliefs
A social worker who worked for Cambridgeshire County Council has been awarded more than £55,000 in compensation and £8,000 in costs, after asserting that she was discriminated against for reasons relating to her gender critical beliefs and/or sexual orientation.
The Employment Tribunal recommended that the council’s mandatory essential e-learning be revised “to include a section on freedom of belief and speech in the workplace”. This section will be drafted by a leading employment barrister.
The council had launched disciplinary proceedings against the claimant, Ms Pitt, after she voiced her gender-critical views at an LGBTQIA+ network meeting.
Employment Judge Michell said the Zoom meeting had begun with an attendee explaining that he identified his dachshund dog as gender-fluid.
The conversation continued with some gender critical views being expressed by the claimant and a lesbian colleague of hers, who was also in attendance.
The council wrote to the claimant on 26 April 2023 to tell her that a formal concern had been raised in relation to ”some views” the claimant and her colleague had expressed during the Zoom meeting which were “perceived to be of an inappropriate and offensive nature”.
Pitt was sent a written management instruction, expressing concerns that she had demonstrated “behaviours that were non-inclusive and perceived as transphobic.”
In her tribunal claim, Pitt asserted that the respondent’s reaction to her expression of gender critical beliefs amounted to harassment/direct discrimination.
The council accepted that the claimant's gender critical beliefs amounted to a philosophical belief within the meaning of section 10 of the Equality Act 2010.
However, amongst other things, in the grounds of resistance it was said that the manner in which the claimant “chose to promote their views” had been “aggressive and confrontational - for example, talking over people and not allowing others to speak,” and that this was the issue.
On the morning of the first day of the final hearing, the Employment Tribunal was told that the council had admitted liability for harassment relating to the claimant’s gender critical beliefs, as well as her sexual orientation.
It was agreed that if the s.26 Equality Act claims succeeded, the s.13 Equality Act claims must therefore fall away.
The Tribunal concluded: “The claimant succeeds in her claims that the conduct set out at paragraphs 16 to 20 of her Particulars of Claim amounted to harassment within the meaning of s. 26 of the Equality Act 2026 relating to gender critical belief and her sexual orientation.”
It ordered the local authority to pay Ms Pitt a total of £55,910.15 in compensation – consisting of:
- £29,352.57 (gross) as loss of earnings, plus interest of £1,463.61.
- £22,000 as compensation for injury to feelings, plus interest of £2,193.97.
- £900 for counselling fees (which have yet to be incurred).
A reserved judgment on costs ordered the council to pay an £8,000 contribution to the claimant.
A Cambridgeshire County Council spokesperson said: “We strive to create a safe, inclusive and compassionate environment for people to work in and recognise this needs to be balanced with everyone being entitled to express their own views and beliefs.
“We will reflect carefully on this final outcome, as well as undertaking a review of our policies and procedures accordingly.”
Lottie Winson