Charity to pay nearly £70,000 for constructive dismissal and discrimination

18 Nov 2024 News

Adobe, by Vitalii Vodolazskyi

Edinburgh Rape Crisis Centre (ERCC) has been ordered to pay a former employee £68,990 for discrimination and unfair constructive dismissal based on her gender critical beliefs.

An employment tribunal also told ERCC to apologise publicly to Roz Adams for alleging that she was transphobic and acknowledge that there was no evidence to support that allegation, which the charity did. 

The charity was also told to state that its disciplinary decision that Adams had misconducted herself was wrong and that she did not carry out bullying or harassment. 

It was also told to acknowledge that it accepts the tribunal’s findings that the charity had “harassed and discriminated against” Adams because of her “protected gender critical beliefs”.

Previously while working at ERCC, Adams expressed her beliefs that sex assigned at birth is real and important and cannot be conflated with gender identity. 

She believes that “biological sex” is especially relevant in relation to sexual violence and that ERCC should give people who are seeking help the upfront choice of whether they would be seen by someone who was assigned female at birth.

The tribunal observed that Mridul Wadhwa, then chief executive of ERCC, was “the invisible hand behind everything that had taken place” regarding the events that led to Adams’ resignation.

When Wadhwa stepped in as the charity’s chief executive, there was “considerable press controversy” as she was a trans woman “who did not have a gender recognition certificate and was thus legally male” at the time, according to the tribunal’s judgment.

Charity apologises

ERCC’s board said in a statement issued after the judgment: “We recognise that during the employment tribunal with Roz Adams we did not act in the right way. 

“We want to publicly apologise, and we understand that Roz’s actions were not motivated by transphobia, but by a genuine wish to act in the best interests of service users. 

“We should have listened more to Roz’s concerns and never pursued disciplinary action and for that we are sorry.

“Steps have already been taken to address the outcomes of both the tribunal and recommendations provided by Rape Crisis Scotland.

“Our focus for the future is ensuring we can provide survivors with the best possible service and support they need to aid their recovery. 

“We are committed to ensuring that ERCC is a safe, accessible and inclusive service for all. We have information on our services, including our women only services, on our website.

“We want to reassure all survivors who are currently accessing our services and anyone seeking support that we are here for you, and you matter to us.”  
 

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