DCMS to amend gender policies after settling discrimination claim

The Department for Culture, Media and Sport (DCMS) has said it will amend its policies on gender after settling a claim brought by a former civil servant that she faced discrimination over her gender-critical beliefs.

Dr Eleanor Frances, who was employed by DCMS prior to moving on to the Department for Science, Innovation and Technology (DSIT), claimed the Civil Service’s approach to transgender issues and single sex spaces were unlawful.

She took legal action against both government departments on several grounds, including unfair constructive dismissal and victimisation, as well as direct and indirect discrimination based on her philosophical beliefs.

Frances said she was left with no option than to quit when she was “ignored and sidelined” after raising a number of issues internally.

‘Committed to respectful working culture’

DCMS and DSIT have agreed to pay the full claim of £116,749 without admitting liability, but have said they will review their gender policies.

A statement signed by Susannah Storey, permanent secretary at DCMS, and Sarah Munby, permanent secretary at DSIT, said: “We are committed to fostering a tolerant and respectful working culture.

“As such, our departments are working together to introduce a revised Gender Reassignment policy, informed by a new central model policy which we anticipate will be available by the end of the year.

“In accordance with the Equality Act 2010, the revised policy will balance the rights of staff with different protected characteristics, including but not limited to gender reassignment, religion and belief, and sex.

“It will also build on the work both our departments have been doing in consultation with our staff in recent years.”

Frances said that while she is extremely happy with the outcome she is “disappointed that it took legal action to achieve this result”.

‘Politicised climate of fear’

Among her concerns were that there was a “politicised climate of fear” around Equality, Diversity and Inclusion (EDI), with the risk of negative professional consequences for civil servants who questioned the institutional position on issues such as sex and gender.

She also said a Gender Identity and Intersex policy was introduced without proper consultation, following a Stonewall workplace assessment.

Frances said the policy’s definition of “transphobia” as “including the denial/refusal to accept” someone’s gender identity, effectively “compelled civil servants to recognise male people as women”.

“Civil servants are bound by a strict duty of impartiality. I was proud to fulfil this duty, and it was fundamental to my work,” she said.

“However, I became increasingly concerned about what I saw as significant breaches of impartiality, and discrimination on the basis of sex, belief, and other protected characteristics.”

The case has echoes of action taken by Denise Fahmy against Arts Council England in 2023.

Fahmy, who had been employed by ACE for more than 15 years before resigning, successfully claimed she was harassed by fellow staff over her gender critical beliefs.