Civil Service Lawyer Sued For Stating Biological Reality

A sign for a unisex toilet on Jan. 21, 2022. Victoria Jones/PA Media

A woman is being taken to court by a fellow civil servant—along with the government—for stating biological facts, including saying there are two sexes and only women menstruate.

Solicitor Elspeth Duemmer Wrigley works for a company affiliated to the Department for Environment Food and Rural Affairs (Defra) and is also a department chairwoman of the Sex Equality and Equity Network (SEEN), which represents those with so-called “gender critical” beliefs in the workplace.

She is now crowd-funding to cover her legal fees after another government employee, who works for a different governmental body, took action against her personally and the government for allowing SEEN to exist, claiming the network is creating “an intimidating, hostile, degrading, humiliating and/or offensive environment.”

Ms. Duemmer Wrigley is due to appear before an employment tribunal on March 25 accused of harassment for several comments and posts shared in the workplace.

She said the unidentified claimant is seeking financial compensation from both her personally and her department, and demanding “a disbanding of the departmental SEEN network and, potentially, the cross-governmental SEEN network as well.”

“In addition, the claimant seeks disciplinary action to be instigated against both myself and others. The claimant is also seeking an unequivocal written apology.”

‘Gender Identity’ Is Not a Protected Characteristic

Ms. Duemmer Wright said the comments she is being sued for include stating that “only women menstruate” during a seminar on women and autism.

Another “offending” post includes her listing the nine protected characteristics from the Equality Act, highlighting that gender expression, gender identity, and gender are not on the list of legally protected characteristics.

Other posts listed in the legal action include a link shared to a well known children’s book, “My Body Is Me” by Rachel Rooney, and a link to an interview with a so-called “detransitioner” and fellow civil servant, Ritchie Herron.

She also linked to a SEEN website piece written by a young lesbian colleague discussing her Jamaican heritage and experience of being a lesbian in the civil service.

Another “offending” post includes a statement in July 2022 on an internal work forum in which Ms. Duemmer Wrigley explained why she was “gender critical,” writing: “Diversity of belief makes our organisation stronger and our lives more interesting.

“Inclusivity makes us feel welcome and able to be our authentic selves. Those who are lesbian, gay, transgender, disabled, BAME, neurodiverse, from different social backgrounds and religions, and those with other experiences all enrich our organisation.”

Ms. Duemmer Wrigley does not accept that her posts were in any way offensive or discriminatory and believes her views are protected under the right to freedom of belief and expression under Articles 9 and 10 of the European Convention on Human Rights.

She cites the landmark case of Maya Forstater, who won £100,000 in damages from her employer, as evidence that “gender critical” beliefs are a protected characteristic under the Equality Act.

Writing on the CrowdJustice platform, Ms. Duemmer Wrigley said she was not able to give full details owing to the ongoing legal action, but explained that SEEN is “known as the gender critical network and is the only civil service network that clearly treats sex and sexual orientation as concepts defined in the (2010) Equality Act, which should never be conflated with or replaced by ‘gender identity.’”

Case Could Have a ‘Chilling Effect’

She believes she has been singled out for legal action because of her “close and visible involvement with SEEN,” and that the remedies the claimant is seeking—if granted—will effectively “preclude any public gender critical discourse in the workplace.”

There are around 700 members of SEEN across 50 departments of the civil service, but Ms. Duemmer Wrigley warns if the action against her is successful, it will have a “chilling effect” on people joining.

The crowdfunder has already raised more than £34,000, with Ms. Duemmer Wrigley saying that any money left after her legal costs will be used for similar legal actions taken by or against those with “gender critical” views, as and when they arise.

The tribunal comes just months after a letter to Simon Case, the head of the civil service, called for “urgent action to ensure that civil service impartiality is upheld, and freedom of belief is respected.”

Signed by 42 staff from 16 departments, the letter claimed that “gender ideology” had permeated the civil service, and that the operation of government was becoming “distorted” by political beliefs.