Civil servants will no longer be branded “transphobic” for expressing gender-critical opinions as a “climate of fear” has ended.
Two Whitehall departments have promised to reassess their gender policies following the settlement of an employment tribunal case with former civil servant Eleanor Frances.
Frances claimed she had to resign after facing scrutiny at work for her gender-critical views, warning about a “politicised climate of fear” in Whitehall.
She said an internal “Gender Identity and Intersex” policy was adopted without proper consultation, after an assessment by gay rights organisation Stonewall.
Frances claimed she had to resign after facing scrutiny at work for her gender-critical views
Free Speech Union/ Eleanor Frances
She said the language and concepts laid out in the policy meant civil servants were forced to recognise male people as women.
One such concept was defining “transphobia” as including the “denial/refusal to accept” someone’s gender identity.
She said while investigations into her concerns were ongoing, she was stripped of her team and responsibilities. “I was given unsubstantiated and derogatory feedback including in relation to my approach to EDI [Equity, Diversity and Inclusion],” she added.
She therefore brought a case in the employment tribunal against the Department of Culture, Media and Sport (DCMS) and the Department of Science, Innovation and Technology (DSIT) for victimisation, unfair constructive dismissal, protected disclosure detriment and discrimination on the grounds of philosophical belief.
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The case brought forward last year has been settled without liability, with the departments paying Frances £116,749.
In addition, the permanent secretaries of the departments agreed on a statement in which they vowed to review “gender assignment” policies.
In their statement settling the case Susannah Storey and Sarah Munby, of DCMS and DSIT, said: “We are committed to fostering a tolerant and respectful working culture.
“As such, our departments are working together to introduce a revised gender reassignment policy, informed by a new central model policy which we anticipate will be available by the end of the year.
In addition, the permanent secretaries of the departments agreed on a statement in which they vowed to review “gender assignment” policies
PA“In accordance with the Equality Act 2010, the revised policy will balance the rights of staff with different protected characteristics, including but not limited to gender reassignment, religion and belief, and sex.”
The statement further acknowledged that a well-functioning civil service was one that allowed civil servants to hold, discuss and challenge lawful perspectives without fear or favour.
Frances said that while she was upset it took legal intervention to achieve this, she was happy with the outcome.
Toby Young of the Free Speech Union who has supported Frances during this time said: “The fact that the Civil Service has agreed to rip up its trans policy and start again shows just how poorly written it was in the first place.”
“It’s another example of equality law being interpreted as woke activists would like it to be rather than as it is.”
