Tribunal finds charity worker’s gender-identity claims untrue; judge warns against casual office discussions

A Scottish employment tribunal has ruled that a charity worker’s allegations of transphobia at a Glasgow-based organisation were not true, finding that the employee fabricated key elements of a March 2022 exchange about gender identity. The decision also included a caution from the judge that discussing gender identity casually in the office can be ill-advised, especially in a climate shaped by ongoing reform debates in Scotland.

Natasha Saini, who uses they/their pronouns, began working for Community InfoSource in January 2022 as an asylum seeker housing project coordinator on a fixed-term, 12-month contract. They told the tribunal that during a lunch with the organisation’s chief executive, Gillian Wilson, they disclosed their non-binary identity. Saini claimed Wilson replied in terms suggesting a lack of understanding of transgender identity and asserted that there were only two genders, describing the discussion as ridiculous to say otherwise. The worker later asserted that the CEO’s comments amounted to transphobia and that the relationship deteriorated after the alleged exchange, with Saini reporting gaslighting, nitpicking, and micromanagement.

In a key finding, the tribunal concluded that Saini did not disclose their gender identity until November 2022, during a Zoom meeting with an external HR consultant. The panel noted that the earlier March lunch and the surrounding relationship had deteriorated prior to that disclosure, and that Saini’s account of the March exchange did not align with the testimony or evidence presented. The tribunal said the alleged exchange had not occurred as described and concluded that the claim was made in the knowledge that it was untrue. It emphasized that the order of events did not fit the pleaded case and highlighted the difference between a casual comment about gender identity and a direct assertion that another person espoused a dated, binary view.

The tribunal also observed that the gender identity debate was highly prominent in Scotland at the end of 2022, as the Gender Recognition (Reform) Scotland Bill moved through Parliament. It acknowledged the atmosphere was sensitive and polarised, and noted that a lawyer for Community InfoSource had argued that casual remarks on gender could be reckless in such a context. The panel accepted that Wilson did not share the views attributed to her by Saini, and that the employer’s position did not amount to the alleged transphobia in the March incident. Judge Lesley Murphy explained that while discussions about gender identity can be injudicious in some contexts, the evidence showed the claimed exchange did not occur as described and the allegation was made in error.

The tribunal dismissed the remaining claims brought by Saini. The worker resigned in December 2022 after the external HR consultant concluded there was no evidence to substantiate the grievances. In its judgment, the panel stated that Saini knew that the March lunch account was not true and that the resignation was not solely prompted by any alleged remarks by Wilson about gender. The decision underscored that the relationship had deteriorated for reasons the evidence did not support, and the tribunal found no evidence of the claimed transphobic conduct by the CEO.

The case reflects broader tensions surrounding gender identity discourse in professional settings during a period of legislative consideration in Scotland. It also serves as a reminder of the potential consequences when disputes arise over sensitive topics in the workplace.