Unprecedented Remedies Judgment - Regulator Ordered to pay exemplary damages for sanctioning our Client Rachel Meade
In an unprecedented remedies Judgment handed down on 29th April 2024 Social Work England, the Regulator for Social Workers in England, and Westminster City Council have been ordered to train managers on freedom of expression and protected belief and to pay gender- critical social worker Rachel Meade a total of £58,344.11 in damages for subjecting her to disciplinary action for expressing her ‘gender-critical’ views on her private Facebook page.
The London Central employment tribunal held in July 2023 that both the regulator and the Council had been guilty of discriminating against Ms Meade because of her gender-critical beliefs. It has now handed down its judgment about how she should be compensated.
The Council and the Regulator are jointly liable for an award for injury feelings of £40,000, and the tribunal made an award of aggravated damages — only available where the wrongdoer has acted in a “high-handed, malicious, insulting or oppressive” manner — against both. It said that the Council’s contention when it suspended Ms Meade that posed a risk to vulnerable service users was “highly insulting and upsetting to her as a long serving social worker with an impeccable reputation”, and that a statement of case drafted by Social Work England’s lawyers for a fitness to practice was “insulting and oppressive”. Both bodies had demonstrated “considerable animosity” towards the Claimant on account of her gender-critical beliefs.
Social Work England was singled out for an extremely rare award of “exemplary damages” because of its “serious abuse” of its regulatory power” in allowing its processes to be “subverted to punish and supress the Claimant’s lawful political speech”.
The tribunal explained in its judgment that exemplary damages are “designed to punish conduct that is oppressive, arbitrary or unconstitutional”, and said, “Awards of exemplary damages are reserved for the most serious abuses of governmental power.”
It is understood that this is the first time that a Regulator has been ordered to pay exemplary damages because of the manner in which it has carried out its regulatory function.
Summary of Claim:
The claim related to the debate surrounding potential reforms to the Gender Recognition Act, and the developing law as to the manifestation of protected beliefs, and in particular, ‘gender-critical’ beliefs.
Rachel Meade, a social worker of over 20 years standing, had shared gender critical posts on social media. One of her Facebook friends, Aedan Wolton, who now works in a diversity role at Sport England, collected a dossier of her posts and sent it to Social Work England, complaining of “transphobia”. SWE subjected her to a lengthy Fitness to Practise (“FtP”) investigation, Ms Meade, under “significant duress”, agreed to accept a formal sanction rather than have the case considered by a Fitness to Practice panel that had the power to strike her off the register. When senior managers at the Council learned of the regulatory sanction, Ms Meade was suspended on charges of gross misconduct. She then withdrew her consent to SWE’s sanction, and the regulator started to prepare for a Fitness to Practice hearing. After a year’s suspension, the Council gave Ms Meade a final written warning, which she appealed. SWE abandoned the FtP proceedings in October 2023, and a couple of weeks later WCC overturned the gross misconduct finding on appeal.
More than 100,000 social workers regulated by Social Work England. The judgment has particular importance for the profession at a time when its members will be digesting the implications of the recent Cass Review the treatment of gender distress in children.
Quote: Cole Khan Client, Rachel Meade says:
“It’s a huge relief that it’s finally over and that the ET awarded significant amount of compensation to reflect the serious nature of the harassment I experienced at the hands of my professional regulator and employer just for expressing legitimate beliefs and concerns. It remains concerning for our profession that as an organisation Social Work England cannot apologise or publicly acknowledge their mistaken stance to date. They urgently need to implement the findings of the CASS review into best practice”.
Quote: Shazia Khan, Partner says:
“The judgment is a damming 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. ”
Watch Rachel tell her story via the link below: You Tube Video - Crowd Funder Appeal
Donations towards Rachel Meade’s campaign and remedy hearing can be made via CrowdJustice via the link below:
Help defend freedom of speech: Sanctioned by Social Work England (crowdjustice.com)
Link to the Remedy Hearing Judgment
Full Judgment: ET Judgment - Meade
NOTES TO EDITORS
Ms R Meade v Westminster City Council and Social Work England (Case No: 2201792/2022 & 2211483/2022)
The case has received significant Press coverage:
Social worker suspended over gender critical views awarded £58,000 (thetimes.co.uk)
Social worker harassed over gender-critical beliefs wins £58k - Personnel Today
Gender-critical social worker awarded GBP 58,000 | ICLG
https://www.dailymail.co.uk/news/article-11344759/Sharron-Davies-backs-campaigners-calling-Sport-
Englands-diversity-chief-fired.html
https://www.theguardian.com/world/2024/jan/09/social-worker-wins-discrimination-claim-over-social- media-posts
https://www.bbc.co.uk/news/uk-england-london-67934781
https://www.personneltoday.com/hr/gender-critical-rachel-meade-westminster-city-council-social- work-england/
Cole Khan Solicitors LLP is a limited liability partnership, regulated by the Solicitors Regulatory Authority.
Cole Khan is dedicated to fighting discrimination in the workplace, in the belief that Equality at work is a right we are all entitled to.
Website: www.colekhan.co.uk Please direct all press enquiries to:
Shazia Khan: 0207 406 7440 shaziakhan@colekhan.co.uk
Rachel Meade was represented by Naomi Cunningham of Outer Temple Chambers. Naomi.Cunningham@outertemple.com