11KBW Employment Podcast
Bailey v Stonewall: Causing and Inducing Discrimination
Aug 28, 2024
Daniel Isenberg, an expert in employment discrimination law, engages in a thought-provoking discussion with Oliver Mills about the Bailey v Stonewall Equality case. They delve into when a third party can be held liable for discrimination and the challenges of balancing personal beliefs with professional standards. The conversation highlights the intricacies of proving discrimination claims under the Equality Act, exploring advocacy's role versus inducement from Stonewall, and the significant implications for future legal interpretations.
31:32
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Quick takeaways
- The Employment Appeal Tribunal clarified that for a third party to be liable for discrimination, distinct intent to induce such actions must be established.
- The case emphasizes the significance of a two-stage test in evaluating discrimination claims, focusing on factual causation and fairness in liability assessment.
Deep dives
Background of the Case
The case involves a claim brought by a barrister, Ms. Bailey, against her former chambers and the charity Stonewall. Central to the claim were her gender-critical beliefs, which were expressed through various provocative tweets on social media, specifically about Stonewall and its activities. One particularly contentious tweet alleged that Stonewall hired someone with the intent of coercing young women into inappropriate situations. This tweet led to complaints against her and sparked a debate within her chambers on whether her social media activity constituted discrimination against her beliefs.
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