Civil servants will no longer face allegations of ‘transphobia’ for expressing gender-critical beliefs, under new guidelines expected to follow the settlement of a landmark employment tribunal case.
Eleanor Frances, a former civil servant, secured a £116,749 settlement after bringing claims of victimisation, constructive dismissal, and discrimination on the grounds of philosophical belief against the Department of Culture, Media and Sport (DCMS) and the Department of Science, Innovation and Technology (DSIT).
Ms Frances claimed she was forced to resign due to a “politicised climate of fear” within Whitehall, which she said was exacerbated by internal policies influenced by Stonewall.
The case has prompted the permanent secretaries of DCMS and DSIT to commit to revising their “gender reassignment” policies, with the aim of balancing the rights of employees with protected characteristics under the Equality Act 2010.
In a joint statement, Susannah Storey and Sarah Munby, the permanent secretaries of the two departments, said: “A well-functioning civil service is one that allows its civil servants to safely hold, voice, discuss or challenge any lawful perspective, without fear or favour.”
The revised policy, they said, will align with equality law and be informed by a “new central model policy” expected by the end of the year.
Ms Frances welcomed the settlement but expressed disappointment that legal action was necessary to achieve change. “Whilst investigations into my concerns were ongoing, I was stripped of my team and responsibilities by individuals who are named in my complaint,” she said.
As a civil servant at the two departments, Ms Frances had raised concerns about Stonewall’s influence in the drafting an internal departmental “Gender Identity and Intersex” policy, which she said was adopted without proper consultation.
She argued that the policy’s use of politicised language and concepts – such as defining “transphobia” as including the “denial/refusal to accept” someone’s gender identity – effectively compelled civil servants to recognise male people as women. Ms Frances also warned that the broader adoption of “self-identification” policies gave men access to female-only facilities in government buildings.
Toby Young, General Secretary of the Free Speech Union, which supported Ms Frances’ case, said: “The fact that the Civil Service has agreed to rip up its trans policy and start again shows just how poorly written it was in the first place. It’s another example of equality law being interpreted as woke activists would like it to be rather than as it is.”
Maya Forstater, CEO of the charity Sex Matters, said: “Eleanor Frances embodies the Civil Service ideals of integrity, honesty, objectivity and impartiality. But she was punished for these qualities rather than rewarded because of the Civil Service’s undemocratic adoption of extreme trans activist policies as if they were the law.”
Ms Frances’ case has drawn attention to the challenges faced by employees who express lawful, gender-critical views. Rosie Duffield MP, a prominent gender-critical figure, called the settlement “a significant victory” and said it highlighted the importance of protecting employees’ rights to hold mainstream personal beliefs.
As a result of the case, a review of gender policies will be circulated to all government departments, which will decide whether to implement the revised guidelines.
A government spokesman declined to comment on the specifics of the settlement but reiterated that departments must comply with equality law.
Ms Frances’ legal victory comes amidst ongoing debate within Whitehall about the appropriate balance between inclusivity and freedom of expression, and how Equity, Diversity, and Inclusion (EDI) policies can be implemented without stifling lawful views.
Concerns about the suppression of gender-critical views in Whitehall were also highlighted in 2024, when civil servants Andreas Mueller and Elspeth Duemmer-Wrigley faced legal action brought by a colleague who alleged their beliefs were discriminatory. The case underscored similar tensions, with accusations that expressing lawful views on gender amounted to bigotry or hate.
In 2023, reports emerged of civil servants uneasy about a perceived “woke takeover” of Whitehall. Employees with gender-critical views described facing accusations of bigotry, creating a chilling effect on open debate within the civil service.
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