Social worker awarded damages of £58k from council and professional regulatory body Social Work England

A social worker has been awarded over £58,000 in damages from Westminster City Council and Social Work England (SWE) for discrimination relating to her “gender critical beliefs”, the first time a Regulator has been ordered to pay exemplary damages because of the manner in which it has carried out its regulatory function.

At the remedy hearing, Employment Judge Nicolle concluded that SWE’s actions constituted a “serious abuse of its power” as a regulatory body, and found it had “a pre-ordained view” as to the claimant’s beliefs being unacceptable.

The council and SWE were ordered to train managers on freedom of expression and protected belief, and to pay the social worker a total of £58,344.11 in damages.

The social worker, Rachel Meade, commenced employment with Westminster City Council on 13 August 2001.

Last year, she won a claim against the council and the professional regulatory body, SWE, after she was suspended for sharing gender critical posts on her private Facebook page.

The London Central employment tribunal found that both SWE and Westminster City Council had subjected Ms Meade to harassment related to her gender-critical belief when SWE threatened her with fitness to practise proceedings and sanctioned her for misconduct, and then the council suspended her on charges of gross misconduct before issuing a final written warning.

The panel held that the claimant’s Facebook posts and other communications “fell within her protected rights for freedom of thought and freedom to manifest her beliefs as protected under Articles 9 and 10.”

Analysing the recent judgment, James Arrowsmith, Social Care Partner at Browne Jacobson, said: “Practitioners will continue to be faced with challenges where competing protected beliefs collide in the workplace, and Meade illustrates how complicated these situations may be.

“As in so many cases, the outcome of Meade is far more tied up with the fairness of the process, after a complaint had been received.

“The award of exemplary damages was based on the particular oppression the claimant was found to have experienced as a result of the actions of SWE, on the facts of the case. The case does not set a general precedent for wider use of such awards in connection with protected belief harassment or discrimination.

“Organisations therefore remain able to investigate complaints and concerns about the manifestation of protected beliefs, and to take action where these amount to harassment or discrimination towards others. They are not prevented from providing a safe environment for both staff and service users, and indeed have obligations to do so.”

He added: “As in all such cases, a fair and thorough investigatory process is essential, and a process in connection with a protected belief should be carried out in a way which respects the belief itself, irrespective of findings as to whether the manifestation was appropriate.”

Social Work England said it is considering the outcome of the remedy judgment, and is “committed to learning” from the case.

Shazia Khan of Cole Khan Solicitors, Rachel Meade’s Solicitor said: “The judgment is a damning indictment of Social Work England and Westminster City Council’s prolonged and oppressive treatment of my client. An award of exemplary damages against a Regulator for the manner in which it has carried out its function is unprecedented. This should serve as a resounding warning to all Regulators that they must not let their processes be weaponised by activists who seek to punish and silence legitimate debate.”

A Westminster City Council spokesperson said: “We have received the findings of the remedy hearing and will need to take a little time to digest before responding more fully. We have apologised to Rachel Meade and the points which emerged during the tribunal and remedy hearing are an important and helpful guide in clarifying what is acknowledged to be a rapidly evolving area of employment law.”

Lottie Winson