A rape crisis center has been ordered to pay a former employee more than £68,000 after it was found she had been unfairly discriminated against for her gender-critical views.

Roz Adams took the Edinburgh Rape Crisis Center (ERCC) to an employment tribunal which ruled in May that she had suffered harassment and discrimination.

The court heard that Adams supports trans people but believes biological sex is real and should not be confused with gender identity, beliefs that are currently called “gender critical” or sex realists.

Ms Adams told the tribunal judge that since the initial ruling, she had not received any “full or public apology or acknowledgment” from ERCC and that a letter of apology from the board did not reflect why she really needed them to apologize.

In response, Judge Fatridge ordered ERCC to apologize to Ms Adams for claiming she was transphobic when there was no evidence to support the claim.

The latest ruling, published on Wednesday, calls for the rape crisis center to recognize that Ms Adams was “motivated by a desire to act in the best interests of service users” and that nothing she did constituted intimidation or harassment.

Judge McFatridge also found that the former employee is entitled to compensation of £68,989.

court ruling

The first sentence described how, while working at the center, after starting in February 2021, she became aware of the mantra that “a trans woman is a woman.”

The court heard that she felt it was becoming increasingly evident that there were problems regarding the way gender issues were being addressed in the organisation, which she described as “unbelievable”.

It was heard that a particular issue for Ms Adams, known as the complainant, was what to say to service users who wanted to be sure they would be cared for by someone who was biologically female.

In June 2022, she received an email from an abuse survivor who wanted to know if the person she was seeing was a man or a woman and asked her superiors for guidance on how to respond.

Disciplinary proceedings against Ms Adams began in late June 2022, although the court said it could not establish the precise chain of events that led to this.

In April 2021, the center was at the center of controversy when Mridul Wadhwa, a trans woman who did not have a gender recognition certificate and was therefore legally male, was appointed its new executive director.

The court said it appeared the centre’s chief executive had formed the view that the complainant was transphobic, leading to a “completely spurious and mismanaged” disciplinary process.

He said the research was “deeply flawed” and “in some ways reminiscent of the work of Franz Kafka.”

The court said Ms Adams felt she had no alternative but to resign, which she did in spring 2023, and upheld her claim for constructive unfair dismissal.

‘We owe you an apology’

In a letter sent to Ms Adams following the ruling, the Board said: “We owe you an apology.

“We recognize that critical gender beliefs are protected by the Equality Act and that there are survivors who hold critical gender beliefs. We respect your right to do so.

“We are committed to ensuring that ERCC is a safe, accessible and inclusive service for all survivors, and we have learned from the evidence and the Judgment.”

Judge Fatrige also ruled that ERCC must issue a statement that Beira’s Place provides an “alternative source of support for women victims of sexual violence” and provide a link to its website.

Ms. Adams currently works for Beira’s Place, but stated that she has not received any referrals from ERCC since she began working there.

Ms. Adams told the judge that when she goes to work meetings or meets with other people in the industry, she is “afraid” of how she will be seen.

The ruling adds: “She is concerned that her motivation is being questioned and the risk of being seen as transphobic has had an effect on her.”

‘Clearing my name is welcome’

Following the sentencing, Mrs Adams said: “I am grateful to the Court for this sentence. The financial compensation (which, with relief, is covered by ERCC insurance) is welcome and will allow me, above all, to take some time to rest.

“Over time I plan to use some of this creatively for research-based dialogue using nonviolent communication skills.

“A public apology, fully clearing my name, will also be welcomed. It is more important to me that there is now significant change at ERCC, as well as at Rape Crisis Scotland and the Scottish Government.

“My priority remains that all victims-survivors of sexual violence can make a genuinely informed decision about the service they seek and have confidence in who will support them. To restore that trust, I urge these organizations to come up with a clear definition of “woman.”

“I was disappointed that ERCC decided not to attend my redress hearing to update the court on developments since May. I am delighted that ERCC representatives visited Beira’s Place last week and had what I understand was a productive meeting.

“While I do not underestimate the hurt and harm felt by many, nor the enormity of the task before us, I hope this suggests some seeds of change and the beginning of bridge-building. I urge everyone to focus on nurturing these seedlings, to allow people space and support to step back, rethink and repair.

“I am grateful to have been sustained by many wonderful and inspiring people in these challenging circumstances. Thank you to everyone who has supported me through this: my family, friends, colleagues and legal team, and to the strangers and former colleagues who reached out to me in unexpected ways. Each message has been a much-needed ray of light.”

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