A “gender-critical” lawyer who Stonewall allegedly tried to have sacked has accused the charity’s barrister of "bullying" and "laughing" at her during a heated row at her employment tribunal.
Allison Bailey is suing Stonewall, the gay and transgender rights charity, as well as Garden Court Chambers, her barristers’ chambers, amid claims that she lost work and income following a row over Stonewall's Diversity Champions scheme and its assertion that “trans women are women”.
The 52-year-old began giving evidence on Wednesday. However, during cross-examination by Ijeoma Omambala QC, Stonewall's barrister, on Thursday, a row broke out - prompting the judge to intervene.
Ms Bailey accused Stonewall’s barrister of making fun of her with junior counsel, as the hearing - which took place at the Central London Employment Tribunal - was held remotely. As both barristers fought to be heard over the videolink, Ms Bailey also accused Ms Omambala - who repeatedly accused Ms Bailey of not answering her questions - of “bullying” her.
The heated exchange took place less than an hour into the hearing and began, when Ms Bailey told the tribunal that she believed that, via its Diversity Champions scheme, Stonewall was “seeking to embed gender identity and gender identity theory within organisations”.
Ms Omambala responded by asking if she was referring to the charity’s policy documents, which stated: “Collecting employer gender identity data is a sensitive issue and will not be welcomed.”
In response, Ms Bailey said: “Ms Omambala, I’m not going to be bullied by you.”
Stonewall’s barrister replied: “I’m here to ask questions in cross-examination, I’m not here to bully you or anyone else.”
'Not very respectful'
Ms Bailey claims that Stonewall collaborated with her chambers, because it was a fee-paying member of the charity’s embattled Diversity Champions scheme, to place her under investigation.
However, Stonewall says its Diversity Champions programme - a paid-for scheme which advises and assesses on creating inclusive workplaces - aims to help firms “become more inclusive of LGBT people”.
There is also a separate workplace equality index, in which Stonewall scores employers on their diversity efforts.
Later in the hearing, following Ms Bailey’s accusations of “bullying”, Employment Judge Sarah Goodman intervened when the barrister claimed that Stonewall’s legal team were “laughing” at her as she gave evidence.
After Ms Bailey told the court that “there is no agreed definition of what gender identity is”, she said: “Are you turning to Miss White and laughing? Because that is not very respectful?”
Ms Omambala replied: “If you could allow me to speak to my junior while [conducting] cross-examination, I would be grateful.”
Judge Goodman asked Ms Bailey if she would prefer that the camera was zoomed out so that she could see the entirety of Stonewall’s legal team. She questioned whether it would “make her more comfortable” about the interaction between the charity’s barristers.
Ms Bailey replied: “Now that I know that she [Ms Omambala] is going to turn to Ms White, who is off camera, I will accept that and try not to be distracted.”
During the proceedings, Ms Bailey said: "Stonewall is a very powerful organisation and it can confer protection or it can take it away. The inducement that Stonewall offers with its scheme is reputational protection or reputational harm, it's like a criminal protection racket."
The tribunal continues.