Audrey Ludwig Profile picture
Non Practicing Solicitor. Interests Equality Act/Disability/Feminism/Law Centres/Access To Justice/Art etc. RT not endorsement.
Jul 31 9 tweets 2 min read
A thread on why the @ehrc should undertake an inquiry under s16 EA 2006 into the unlawful discrimination and harassment of people, especially women with gender critical beliefs. Whilst the numbers of cases heard in the ET are evidence of the problem, they are, in my view the tip of iceberg. Successful claimants:
1. Maya Forstater v CGD EAT (2021) and ET (2022) direct discrimination, victimisation
2.Alison Bailey v Garden Court Chambers (2022) harassment
3. Denise Fahmy (2022) harassment
4. Rachel Meade Social Work England and Westminster Council (2023)
Jul 13 10 tweets 3 min read
Many activists make allegations hoping that no one will check if they are true. But in this case, it is easy to check. The allegation is that the company Waterstones has “an awful record of mistreating staff and losing at Tribunals”. Well all the ETs for quite a few years back 1/ Image are here . I put in Waterstones into the search engine and find five cases with Waterstones Booksellers Ltd as Respondent 2/gov.uk/employment-tri…
Mar 23 6 tweets 1 min read
A list of red flags to determine quality of #EDI advice or training in UK
1. does it mention the 9 Protected Characteristics in Equality Act and name them accurately? Image 2. does it advise collecting equality monitoring data omitting protected characteristic of sex or gender reassignment and/ or merge these two categories?
Feb 29 6 tweets 2 min read
This is a very interesting legal question. Presumably the police force decided their policy on basis to do otherwise would be “discriminatory” against trans people.However, it is more complex than that. First of all, would it be direct GR discrimination to label them according to sex (what is described as misgendering)? Answer is no because they are not being treated less favourably than a non trans person, as everyone would be described in accordance with their sex. Next, is it indirect GR discrimination? It is likely that trans people could argue they
Jun 17, 2023 4 tweets 1 min read
This is a strong argument. The counter is about bodily autonomy of women. It is lawful to abort at the same gestation a severely disabled fetus or to save the mothers life (and correctly in my view). So not all are protected. And should a women be criminalised for attempting suicide, taking legal or prescribed medication, drinking alcohol, smoking with a fetus at this stage, which is how the arguments have gone in US? Danger with this area of law and human rights is that women could ultimately become unwilling walking wombs. But at the same time,
Jun 16, 2023 4 tweets 1 min read
Really important employment appeal judgment re manifesting of religion/belief with useful principles at para 94, including a restating of the Bank Mellat questions The Bank Mellat questions are (i) whether the objective the employer seeks to achieve is sufficiently important to justify the limitation of the right in question; (ii) whether the limitation is rationally connected to that objective;
Jun 15, 2023 6 tweets 2 min read
1. A lot of words again but what do they actually mean in practice? In a claim... you suggest by a trans person with a GRC (so about 5% of trans people), for breach of what? Which PC? 2. You now suggest disability. But a PCP for all female service is designed to exclude, not because of disability, but rather sex so claim would fail the "because of" test
3. Also, not all trans people with GRC would meet s6 disability definition. You are better off arguing
May 2, 2023 10 tweets 2 min read
Some people are likening the stand of the Strand Comedy Club in cancelling @joannaccherry as being akin to the case of Lee v Ashers Bakery 2018. I dont agree. The acts of the staff selling tickets and beer during an event would not in my view amount to compelled speech in the way icing a political slogan on a cake was held to be. No, I think this more akin to Preddy v Bull 2013, the case of the Christian hotel owners who cancelled a double room booked by a gay couple for religious reasons. The particular protected characteristics in the respective case
Apr 4, 2023 10 tweets 2 min read
@Keir_Starmer thinks the sex/gender wars to be a marginal issue only. It isnt. Rather it is a "minefield" issue. A thread to explain what I mean. Since 2018, when first I became aware of it I quickly saw it draws in human rights of freedom of expression; freedom of belief; freedom of association; freedom of assembly; right to private and family life; issues of male violence against women
Dec 7, 2022 10 tweets 2 min read
A thread. Numerous problems and errors with hrcessex.wordpress.com/2022/12/07/a-n… . But the one I want to think about now is the canard that one can hold GC beliefs but one cannot manifest them. 1. without breaching the Equality Act. On page 5 of this report it states"In principle, any employer – including a University – must not take disciplinary action against, or indeed dismiss, a member of staff merely on the grounds of their beliefs. That protection applies to 2.
Nov 4, 2022 8 tweets 2 min read
What I wished I knew at 17
1. Enjoy your education. You will regret not reading more, asking more questions, honing your writing
2. Stop caring about other peoples views of you. Most have no opinions at all & of those that do, many of them are not people you would seriously take advice from
3. Find a sport you enjoy, if one exists. Fitness is easily lost and being unfit causes more problems later on
4. Dont be in too much of a hurry for love. In time you will be happily married with a lovely son, but they are also ties. Being single brings freedoms
Oct 21, 2022 16 tweets 4 min read
Dear @Keir_Starmer in order for you to ensure any changes to law are positive, you will appreciate the need to understand the current law, reasons why it is as it is, and effect of change (a variant of the Chestertons fence principle).Thread 1. #EqualityAct I am a specialist equality law solicitor who has litigated about all the protected characteristics 2.
Jun 29, 2022 13 tweets 3 min read
Thread: A lot of people, some using unpleasant taunts, seem to be arguing that a traumatised victim of rape has no legal right in UK Equality law to challenge a policy of a charity of including all TW into a "women only" support group. I disagree. Subject to evidence, this could well be an arguable claim for indirect sex discrimination by the rape victim. It relates to part of the Act dealing with services to the public. An org. should not discriminate in the terms on which it provides the service to her (s29(2)(a)). She claims that the terms on
May 18, 2022 10 tweets 3 min read
All #emplaw practitioners would do well to read kcl.ac.uk/law/research/f… as it has some statements about Equality Act & discrimination which I find interesting & contentious. Their entire hypothesis is about not registering sex & people/companies relying entirely on some form of sense of gender or looser. Sex and GR would be replaced as a merged protected characteristic by gender. Some thoughts:
1. their assertion that this is simply in line with current protection re perceived sex doesn't compute. My work experience is that sex discrimination isn't