Case 3309730/2023 · Employment Tribunal
Miss N Cunningham and Miss S Elves, Counsel For the v Respondent — 2025
- Case reference
- 3309730/2023
- Decision date
- 31 March 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Laidler Members
- Venue
- Bury St Edmunds
- Panel members
- Ms S Limerick, Ms J Nicholas
Parties
1 namedClaimant
Miss N Cunningham and Miss S Elves, Counsel For the
Respondent
- —
Key findings
Tribunal's reasoningThe claimants, who were members of the respondent trade union, brought claims of direct discrimination/detriment and harassment under section 57 of the Equality Act 2010. The claims concerned gender critical beliefs and lack of belief in gender identity theory, and arose from communications and tweets connected with opposition to screenings of the film Adult Human Female.
The tribunal considered each alleged act and found that the claimants were not treated detrimentally and were not subjected to harassment. It found, among other matters, that some tweets or communications did not refer to the claimants or the film, and that the General Secretary's reply acknowledged that gender critical beliefs are protected under the Equality Act 2010.
The tribunal accepted that the claim was not out of time because the claimants relied on a continuing course of conduct. Having considered the allegations individually and together, the tribunal dismissed all claims.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Religion or belief discrimination | Claim was direct discrimination/detriment under section 57 Equality Act 2010, based on gender critical beliefs and lack of belief in gender identity theory. | Dismissed | Religion or belief | — |
| Harassment | Harassment claim relied on the same alleged acts and protected beliefs as the direct discrimination/detriment claim. | Dismissed | Religion or belief | — |
Legal tests applied
4 references- section 57 Equality Act 2010
- section 10 Equality Act 2010
- section 123 Equality Act 2010
- Forstater decision
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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