Adams vs Edinburgh Rape Crisis Centre

Jan 15, 2024

R Adams, the Claimant, was employed by Edinburgh Rape Crisis Centre (ERCC) (Respondent) as a counsellor. The Claimant does not subscribe to gender identity theory. She believes that biological sex is real, important, immutable and not to be conflated with gender identity. Ms Adams prevailed in her claim of constructive dismissal because of her gender critical beliefs.

Details of trustees of Edinburgh Rape Crisis Centre as of 19 January 2024

Substantive Hearing (Finding of Fact)

The hearing took place at Edinburgh Employment Tribunal from 15 to 24 January 2024. Oral submissions were heard on 3rd April 2024. The unanimous judgment of the Tribunal, received on 20 May 2024 was that Edinburgh Rape Crisis Centre unlawfully discriminated against Ms Adams and she was constructively dismissed.

Full judgment here.

Remedies Hearing (Damages)

The remedies (damages) phase of the Tribunal took place on 14 October 2024. Financial compensation was agreed by the parties before the remedies hearing began. Ms Adams asked the Tribunal to make a number of recommendations of actions that Edinburgh Rape Crisis should take, documented here. Note that recommendation 6, (Mridul Wadhwa's departure from the ERCC board) was not pursued, as this had happened anyway shortly before the hearing.

Proposed Recommendations

Naomi Cunningham (representing Ms Adams) prepared written submissions to the Court which we publish below with her permission. David Hay KC (representing ERCC) presented the entirety of his submissions orally at the hearing, as is more usual in Scotland.

Claimant’s Skeleton For Remedy Hearing

The judge’s decision on the proposed recommendations is expected in 3 to 4 weeks.

Statement from Edinburgh Rape Crisis Centre Board of Directors

Live tweet threads - Remedies Hearing

Monday 14 October 2024 - Morning Part 1, Morning Part 2, Afternoon Session

Live tweet threads - Substantive Hearing

Monday 15th January 2024 - Court was in private session for case management & reading purposes until 3pm. The Claimant then began to give her evidence.

Tuesday 16 January 2024 - no evidence heard, Claimant’s barrister has a medical issue, resuming tomorrow at 11 am.

Wednesday 17 January 2024 morning session - further evidence from the claimant

Wednesday 17 January 2024 afternoon session - evidence in chief from claimant concludes, beginning of cross examination by David Hay KC

Thursday 18 January 2024 morning session, part one & part two , continuing cross examination of claimant by David Hay KC

Thursday 18 January 2024 afternoon session, end of cross examination of the claimant and evidence of Nicole Jones on comments made by MW of ERCC (see tweets below).

Friday 19 January 2024 morning session, part one and part two evidence from Mairi Rosko (Board member of R) who chaired disciplinary committee for Claimant both direct evidence and cross examination.

Friday 19 January 2024 afternoon session, cross examination of Mairi Rosko by Naomi Cunningham.

Clarification re Friday 19 January 2024

Monday 22 January 2024 morning session Examination of Katy McTernan, director of services at ERCC by David Hay KC

Monday 22 January 2024 afternoon session, evidence from Katy McTernan by David Hay KC and then cross examination by Naomi Cunningham

Tuesday 23 January 2024 morning session, part one and part two. Cross examination of Katy McTernan by Naomi Cunningham.

Tuesday 23 January 2024 afternoon session, part one and part two. Cross examination of Katy McTernan by Naomi Cunningham completed. Court adjourned early to deal with written witness statements that will be used tomorrow. David Hay, KC, took exception to a tweet (he said from this morning, we believe it was actually yesterday afternoon). We have noted this in the tweet thread part two.

Wednesday 24 January 2024 morning session, part one and part two, Naomi Cunningham begins cross examination of Miren Sagues, board member of ERCC

Wednesday 24 January 2024 afternoon session, Part one, Naomi Cunningham concludes cross examination of Miren Sagues

Wednesday 24 January 2024 afternoon session, Part two, Naomi Cunningham begins and concludes cross examination of Evidence given by Katie Horsburgh

Wednesday 3 April 2024 morning session, Part One and Part Two, Naomi Cunningham closing submissions.

Wednesday 3 April 2024 afternoon session, Part One and Part Two, closing submissions from David Hay and follow up from both barrister.

Tweets mentioned in the evidence of Nicole Jones

Abbreviations

J: Employment Judge McFatridge

P: 2 Panel members

Claimant

RA - Roz Adams

NC - Naomi Cunningham, barrister for the claimant

Respondent

ERCC - Edinburgh Rape Crisis Centre

DH - David Hay KC, barrister for the respondent

Witnesses

RA - Roz Adams, the Claimant

KM - Katy McTernan (a member of R’s senior management)

MR - Mairi Rosko (Board member of R)

MS - Miren Sagues (Board member of R)

KH - Katie Horsburgh (Board member of R)

Other

NVC - non-violent communication

BP - Beira's Place

E&W RC - Rape Crisis England and Wales

SRC - Scottish Rape Crisis

NCi - Nico Ciubotario (formerly chief operating officer of R)

SU - Service user

SW - Support worker

I/x - Investigation

Disc - Disciplinary

Griev - Grievance

MoS - Member of staff

WL - Waiting list

AB - Non-binary member of staff of R

NB - Non-binary

CSW - Counselling support worker

TWAW - Transwomen are women

TMAM - Transmen are men

TM - Transman

TW - Transwoman

WORIADS - Worthy Of Respect In A Democratic Society

Press coverage

Here are links to a selection of relevant press coverage about this case. These links are included without comment and are not endorsed by Tribunal Tweets. This is a sample of coverage only, with most recent first - it is not comprehensive. Please DM our main Twitter account to submit coverage from an established news outlet. Any paywalled article must be archived.