Denise Fahmy v Arts Council England

Arts Council employee claims harassment and victimisation after supporting a grant to the LGB Alliance

May 18, 2023

Photo by Alice Achterhof on Unsplash

Denise Fahmy is taking her employer of 15 years, Arts Council England (ACE), to employment tribunal on the grounds that she was harassed and victimised due to her gender critical beliefs.

In March 2022, a branch of ACE, The London Community Fund, awarded lesbian & gay organisation, LGB Alliance, a grant to make a film called ‘Queens’.

The grant caused public outrage, with many accusing LGB Alliance of ‘transphobia’. The view was shared by the Deputy Director of ACE, who, at a staff meeting, accused LGB Alliance of being ‘divisive and anti-trans’.

At the staff meeting, Ms Fahmy defended LGB Alliance and then later learned the funding from the film had been cut. Denise believes ACE to have directed it, though an independent investigation has never been undertaken and despite questions being asked in Parliament.

A petition against Denise and all other ‘gender criticals’ was then circulated on the staff intranet for people to sign. It was seen by 700 members of staff, signed by 100, and some responded using phrases like ‘parasites, neo nazis, needing to be stamped out’. ACE claims the abuse hadn’t been directed at her and left Denise with no right to appeal. Denise took sick leave with stress because of the toxic working environment.

Denise is now bringing ACE to employment tribunal on 18-25^th May 2023. She seeks justice against her harassers and is adamant she will ‘out the appalling discrimination’ against LGB Alliance and highlight how the Arts is closing down free speech and bullying staff and freelancers, particularly women’.

Denise’s crowdfunder is here: Fighting bias at the top of the Arts Council

Status

On 27th June 2023, the tribunal ruled unanimously that:

“1. The claim of harassment related to the protected characteristic of Religion or belief is well-founded and succeeds

2. The claims of victimisation are not well-founded and are dismissed.

3. A further hearing will be listed to deal with the question of remedy.”

Read the judgement here.

On 20th September 2023, days before a scheduled remedies hearing, Denise Fahmy announced she had reached a settlement.

Live tweet sessions

18th May session - Permission to live tweet is being contested, challenge about bundle access and tribunal schedule discussed

19 May morning session - Tribunal tweets granted access and Aileen McColgan KC, barrister for ACE, begins her examination of the Claimant, Denise Fahmy

19 May afternoon session - Aileen McColgan KC continues her examination of Claimant, Denise Fahmy’s, witness statement

22 May morning session - Denise Fahmy evidence concludes with examination by Anya Palmer, KC and evidence from Ian Matthews of ACE. (Referred to as PM, Paul Matthews for a portion of the session)

22 May afternoon session - evidence from Ian Matthews, HR director of ACE

23 May morning session (1) - evidence from Simon Mellor, ACE deputy chief executive

23 May morning session (2) - evidence from Simon Mellor

23 May morning session (3) - Simon Mellor evidence concludes

23 May afternoon session - evidence from Paul Roberts of ACE. Evidence concludes.

24 May - submissions from counsel

Abbreviations

C or DF- Claimant, Denise Fahmy

AP - Barrister for Claimant, Anya Palmer KC

R or AC/ACE - Respondent, Arts Council England

AM - Barrister for ACE, Aileen McColgan KC

Others

LGBA - Lesbian and gay charity, LGB Alliance

LCF - London Community Fund, a branch of ACE

WPUK - Women's Place UK

NL - National Lottery

DCM - Department for Culture Media and Sport

LCJ - Let’s Create Jubilee Fund

KB - LGB Alliance’s chief executive, Kate Barker

NS - ACE chairman, Sir Nick Serota

MD - Culture Secretary Michelle Donelan

SM - Simon Mellor, ACE deputy chief executive

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.

Press coverage on LGB Alliance Funding removal

21st April 2022

The Critic - Why is the LGB Alliance film having its funding cut?

13^th April 2022

Arts Professional - LGB Alliance grant suspended after outcry

12th April 2023

Civil Society - London Community Foundation ‘suspends’ grant to LGB Alliance

Open Justice with Tribunal Tweets

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