An employment tribunal has ruled in favour of Roz Adams, a former employee of the Edinburgh Rape Crisis Centre (ERCC), who claimed constructive dismissal. The tribunal found that Adams had been harassed and discriminated against due to her gender-critical views.
Background: Roz Adams joined ERCC in 2021 with an enthusiastic commitment to trans inclusion. She held what the tribunal described as “generally trans-positive but also sex realist” views. These views acknowledged the importance of gender identity while recognising that biological sex matters, especially in a rape crisis centre.
Controversy and Discrimination: Adams gradually became aware that senior management within ERCC rejected the concept of biological sex. They believed that anyone could become a woman simply by asserting a gender identity. These views influenced ERCC’s policies, to the detriment of rape victims.
In 2021, ERCC appointed Mridul Wadhwa, a trans woman, as its CEO. Controversy arose because Mridul is male and lacks a Gender Recognition Certificate. Legally, Mridul is a man and cannot be covered by single-sex exemptions. Concerned women, including rape victims, questioned ERCC’s decision. Some argued that a women-only rape crisis centre should appoint only biological females.
Exclusion of Female-Only Care: ERCC turned away women who requested female-only care. There was a policy never to refer them to Beira’s Place, a rape crisis centre offering a female-only service. Adams expressed concern internally about ambiguous answers given to rape victims regarding the sex of their assigned counsellors.
Constructive Dismissal: Adams faced a nine-month disciplinary process where she was accused of being “transphobic.” The tribunal ruled in her favour, finding that ERCC unlawfully harassed and constructively dismissed her. The process was reminiscent of Franz Kafka’s work, according to the judgment.
Victory and Implications: Adams sees this ruling as a victory for all survivors of sexual violence who need a choice of worker and group support based on sex.
