Counsellor constructively dismissed for gender-critical views awarded £68,000

A counsellor who was constructively dismissed by a rape crisis centre over her gender-critical views has called for “meaningful change” and a “definition of woman” as she was awarded nearly £70,000.

Counselling support worker Roz Adams, who now works for a service founded by JK Rowling, won a claim of constructive dismissal against Edinburgh Rape Crisis Centre (ERCC) in May, with the tribunal judge finding she had suffered harassment and discrimination.

A tribunal heard that the then chief executive of ERCC, Mridul Wadhwa, a transwoman who took office in 2021 and resigned in September, decided that Ms Adams was “transphobic”, leading to a “completely spurious and mishandled” disciplinary process in June 2022 that forced her to resign the following spring.

On Wednesday, Ms Adams thanked supporters and said she planned to “rest” after ERCC was ordered to pay her £68,989.71.

In a ruling in May, Judge Ian McFatridge said ERCC “wished to make an example” because of Ms Adams’ beliefs and it appeared to be the view of senior management that she was “guilty of a heresy” in that she did not fully subscribe to the gender ideology which they wished to promote.

It deemed: “This was an act of harassment on the basis of her belief”.

Ms Adams, who was employed at ERCC from 2021 until 2023, said she was “grateful” and that her priority was “to take some time to rest”.

She called for a public apology and for “meaningful change” from the Scottish Government, ERCC and Rape Crisis Scotland.

In a statement, she said: “My priority remains that all victim-survivors of sexual violence can make a genuinely informed choice about the service they seek and have confidence in who will support them. To restore that confidence, I urge these organisations to give a clear definition of ‘woman’.”

Ms Adams called for unity after the “harms and hurt felt by many”, and said she was “delighted” that representatives of ERCC visited Beira’s Place, where she now works, last week for a “productive” meeting.

She added: “Whilst I do not underestimate the harms and hurt felt by many, or the enormity of the task, I hope this suggests seedlings of change and the start of bridges being built. I urge everyone to put their focus on nurturing these seedlings, to allow people space and support to step back, rethink and repair.”

A ruling published following an Employment Tribunal “remedy hearing” in October said Ms Adams was concerned that service users were not being directed to Beira’s Place, including by a hotline operated by Rape Crisis Scotland, that she felt an apology was for language rather than the situation, and that she felt the Equality Act 2010 was “misquoted and abused”.

It said that in June 2023, shortly after Ms Adams launched legal action, ERCC tried to obtain a Restricted Reporting Order on the basis that what the claimant was alleged to have done should be classed as sexual misconduct.

The ruling said: “The claimant found the idea that someone in her sector be accused of sexual misconduct to be absolutely horrifying.”

It also said she was concerned about the legacy of being branded transphobic.

Ms Adams said in a statement: “The public apology, clearing my name fully, will also be welcome. It is more important to me that there is now meaningful change at ERCC, as well as at Rape Crisis Scotland and the Scottish Government. ”

ERCC was ordered to make a public apology. The ruling from Judge McFatridge said it was a fact that “that nothing the claimant did constituted bullying or harassment or that the claimant was not transphobic”, and seemed “extraordinary that the respondents are not prepared to send referrals to Beira’s Place”.

A statement from the board of ERCC said: “This week the employment tribunal with Roz Adams concluded. It was a challenging and complex case, and we have learnt a lot during this process. We are striving to improve the services and the support we provide to service users, staff and volunteers.

“We are committed to balancing the views, needs and wants of all our service users, staff and volunteers. It’s important that we do this in a thoughtful and respectful way, reflecting our values and in line with the national service standards set by Rape Crisis Scotland.

“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.”

A Scottish Government spokesperson said: “The Scottish Government cannot comment on individual employment tribunal decisions.

“The Scottish Government is clear that the needs and safety of survivors of rape and sexual assault must be the utmost priority of support services, including ensuring access to women-only spaces.”