RM v Westminster City Council & Social Work England: Employment Tribunal

Social worker takes her employer and professional body to an employment tribunal

Jul 06, 2023

Social worker of 20 years, Rachel Meade, is bringing her employer, Westminster City Council, and professional regulatory body, Social Work England (SWE), to an employment tribunal due to discrimination on the basis of her protected beliefs under the Equality Act 2010.

In June 2020, a friend of RM raised concerns with SWE about her posts in a private group on social media. RM had shared posts about upholding women's rights from various organisations, during the then reform consultation for the Gender Recognition Act 2004.

In July 2021, Social Work England's investigation found the posts to be ‘discriminatory’ and ‘disgusting’ and sanctioned RM for 12 months, ruling that her ‘fitness to practise is impaired by way of misconduct’. RM was then suspended by her employer, with a warning that she was at risk of being dismissed for misconduct.

In October 2022, days before a ‘fitness to practice’ hearing on the sanction, Social Work England sought and was granted a discontinuance stating it did not intend to defend its position. The hearing was reported by Tribunal Tweets.

On 11th April 2023, a case hearing was heard, and reported via Tribunal Tweets, where the judge heard fresh discrimination claims from RM alongside her original claims.

More info can be found at RM's crowdfunder

Status

Social worker Rachel Meade has won her claim against her employer, Westminster City Council, WCC) and professional regulatory body, Social Work England (SWE), in an employment tribunal for discrimination on the basis of her protected beliefs under the Equality Act 2010. The complete judgment is here

Remedies Hearing - Damages

A remedies hearing took place on 12-13th February, see live tweeting sessions below. The tribunal judge said they had a day set aside for deliberations at the end of February and that hopefully a judgment would follow within weeks.

Live tweeting sessions

NOTE: it has been very difficult for our live tweeters to hear witness evidence and on occasion questions from the barristers, the judge and the other members of the tribunal. Our tweeters observe when they cannot hear questions and answers.

6 July afternoon session - RM giving evidence examined by Simon Cheetham KC for SWE & WCC

7 July morning session - RM, examined by Simon Cheetham, KC

7 July afternoon session - LK, investigation supervisor for Social Work England, examined by Naomi Cunningham

10 July morning session - Naomi Cunningham begins examining Graham Noyce, SWE

10 July afternoon session - Naomi Cunningham concludes examination of Graham Noyce, begins examination of Eleanor Poole, SWE

11 July morning session, Part 1 - Naomi Cunningham begins examination of Berry Rose, SWE

11 July morning session, Part 2 - Naomi Cunningham continues examination of Berry Rose SWE

II July afternoon session - Naomi Cunningham concludes examination of Berry Rose SWE

12 July morning session - Naomi Cunningham begins examination of Bernie Flaherty, WCC

12 July afternoon session - Naomi Cunningham concludes Bernie Flaherty examination, begins and concludes examination of Hazel Best WCC and begins examination of Ann Ffrench, WCC

13 July afternoon session (no morning session) - Naomi Cunningham examines 5 witnesses from WCC: Hillary Harris, Pedro Wrobel, Rachel Soni, Donna Barry, Claire Weeks.

14 July afternoon session - Naomi Cunningham and Simon Cheetham KC give their closing submissions

Remedies Hearing 12-13th Feb 2024

12 Feb morning session - Naomi Cunningham referred to an article in the New European (article has since been deleted)

12 Feb afternoon session - The case referred to is Willers v Joyce and the term “tort visas” as heard and written in the live tweets, is in fact “tortfeasors” which means “wrongdoer”.

13 February morning session - Part 1, Part 2

Evidence

Several cartoons shared by RM on her Facebook were frequent subjects of discussion by witnesses and the members of the panel:

‘Scouts’ cartoon from Private Eye referred to **here**

Abbreviations

J - Employment Judge Nicolle

RM - Social Worker sanctioned by SWE

NC - Naomi Cunningham, Barrister for RM

SWE - Social Work England

SC - Simon Cheetham KC, Counsel for Social Work England and Westminster City Council

WCC - Westminster City Council

JB - Julie Bann, solicitor for WCC

Witnesses

LK - Laura Kenny, SWE lead investigator

GN - Graham Noyce, SWE, case Examiner

E or EP - Eleanor Poole, SWE Head of operations

FW - Francis Edouard Whittaker, SWE Case Examiner

BR - Berry Rose, SWE Case Progression

BF - Bernie Flaherty Deputy Chief Executive WCC

HB - Hazel Best, WCC Principal Lawyer Biborough SC and Ed Adjudicating Officer

AF - Ann Ffrench, WCC Employment Relations

HH - Hillary Harris, WCC, team manager in Chelsea & Westminster Hospital.

PW - Pedro Wrobel, WCC, Executive Director of Innovation and Change, appeal officer

Key people referred to:

AW - Aedan Wolton, Social worker, Complainant

JA - Jack Aitken, SWE investigator

HM - Heather Martin, SWE Case examiner

GJ - Gwyn Jones, SWE lead investigator

KV - Katia Vandenbroucke, SWE, Senior Fitness to Practise Lawyer

CW - Claire Weeks, WCC, Head of Operational People Services, HR support to appeal officer

Helen Farrell, WCC, Interim Director of Family Services, investigating officer

Non participants:

MM - Mermaids

FPFW - Fair Play for Women

WPUK - Women's Place UK

Other:

GI - Gender Identity

GC - Gender Critical

TG - Transgender

PC - Protected Characteristic

SW - Social Worker

RA - Risk assessment

IO - Investigating officer

BITWB - 'Born In The Wrong Body'

WORIADS - Worthy of respect in a democratic society

E - for 'Echo' - the complainant who complained about RM to SWE

SoC: Statement of Case SoC 7/22: Statement of Case July 2022

SoC 7/10/22: Statement of Case 7th Oct 2022

Press coverage

Here are links to a selection of relevant press coverage about RM’s 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.