Edinburgh Rape Crisis Center employee wrongly dismissed and awarded £68,000 compensation

A rape crisis center has been ordered to pay a former employee more than £68,000 after it emerged she was unfairly discriminated against for her gender-critical views.

Roz Adams took the Edinburgh Rape Crisis Center (ERCC) to an employment tribunal which ruled in May that she had been the victim of harassment and discrimination.

The tribunal heard that Adams supports transgender people but believes biological sex is real and should not be conflated with gender identity, beliefs currently called ‘gender critical’ or sex realist.

Ms Adams told the tribunal judge that she had not received a “full or public apology or acknowledgment” from the ERCC since the original ruling and that an apology letter from the board did not reflect what they were supposed to apologize for in the first place.

In response, Judge Fatridge ordered the ERCC to apologize to Ms Adams for claiming she was transphobic when there was no evidence to support the allegation.

The latest ruling, published on Wednesday, asks that the rape crisis center acknowledge that Ms Adams was “motivated by a desire to act in the best interests of the service’s users” and that nothing she did amounted to bullying or harassment .

Judge McFatridge also ruled that the former employee is entitled to £68,989 in damages.

Tribunal decision

The first statement described how, while working at the centre, after starting the job in February 2021, she became aware of the mantra that “a trans woman is a woman”.

The tribunal heard that she felt it was becoming increasingly apparent that there were problems with the way gender issues were handled within the organisation, which she described as “eggshell-like”.

It heard that a particular issue for Ms Adams, also known as the claimant, was what to say to service users who wanted to ensure they were seen by someone who was biologically female.

In June 2022, she received an email from an abuse survivor who wanted to know whether the person she was going to visit was a man or a woman and sought advice from her superiors on how to respond.

Disciplinary proceedings against Ms Adams then began in late June 2022, although the tribunal said it could not determine the precise chain of events that led to this.

In April 2021, the center was at the center of controversy when Mridul Wadhwa, a trans woman who did not have a gender recognition certificate and was therefore legally male, was appointed as its new CEO.

The tribunal said it appeared the center’s director had concluded the claimant was transphobic, leading to a “completely false and mishandled” disciplinary procedure.

The report said the research was “deeply flawed” and “somewhat reminiscent of the work of Franz Kafka.”

The tribunal said Ms Adams found she had no choice but to resign, which she did in spring 2023, and upheld her claim of unfair constructive dismissal.

‘We owe you an apology’

In a letter sent to Ms Adams following the ruling, the council said: “We owe you an apology.

“We recognize that gender-critical beliefs are protected under the Equality Act and that there are survivors who hold gender-critical beliefs. We respect their right to do this.

“We want to ensure that the ERCC is a safe, accessible and inclusive service for all survivors, and have learned from the evidence and the verdict.”

Judge Fatrige also ruled that the ERCC must make a statement about Beira’s Place providing an “alternative source of support to female victims of sexual violence” and provide a link to their website.

Ms. Adams currently works for Beira’s Place, but stated that she has not received any referrals from ERCC since she began working there.

Ms Adams told the judge that when she appears at work meetings or consults with others in the sector, she is “afraid” of how she will be perceived.

The ruling added: “She is concerned that her motivation would be questioned and that the risk of being seen as transphobic has had an effect on her.”

‘Clearing my name is welcome’

After the verdict, Ms Adams said: “I am grateful to the Tribunal for this verdict. The financial compensation (which I am relieved to find is covered by ERCC’s insurance) is welcome and will initially allow me to take some time to rest.

“Over time, I plan to use some of it creatively for research-based dialogue using Nonviolent Communication skills.

“The public apology, which fully clears my name, will also be welcome. It is more important to me that meaningful change takes place now at the ERCC, but also at Rape Crisis Scotland and the Scottish Government.

“My priority remains that all victims of sexual violence can make an informed choice about the help they seek and have confidence in who will support them. To restore that trust, I urge these organizations to provide a clear definition of ‘woman’.

“I was disappointed that the ERCC chose not to attend my remedies hearing to keep the tribunal informed of developments since May. I am very pleased that ERCC representatives visited Beira’s Place last week and had what I believe was a productive meeting.

“While I do not underestimate the damage and pain felt by many, or the enormity of the task ahead, I hope this suggests some seeds of change and the beginning of bridge building. I urge everyone to turn their attention to nurturing these seedlings, to give people the space and support to step back, rethink and fix.

“I am grateful to have been held by many inspiring and wonderful people in these challenging circumstances. Thank you to everyone who supported me to get through this: my family, friends, colleagues and legal team, and to the strangers and former colleagues who reached out in unexpected ways. Each message was a much-needed ray of light.”