Pitt told the tribunal members of the council were bullying her by portraying her as an “oppressor” and “transphobe”.
Employment judge Michell ruled Pitt was harassed as a result of colleagues taking issue with what they called her “nasty opinions”. The tribunal awarded Pitt £55,910 for being subjected to detriment and £8,000 in legal costs.
“Employers have a duty to prevent bullying and harassment in the workplace, and employees have the right to not be discriminated against as a result of a protected characteristic,” Kash Dosanjh, employment law solicitor at Wright Hassall, told HR magazine.
Pitt expressed her gender critical views on a video call with the LGBTQ+ employee group at the council, after an attendee described his pet dachshund as identifying as “gender fluid”, and claimed he dressed the dog in a dress to spark conversation about gender.
Her colleagues later raised a formal concern about Pitt’s comments and her "aggressive tone" with the council.
The council said in a report on the incident that Pitt’s actions “were perceived to be non-inclusive and transphobic”, and that they had “a detrimental impact on the mental health and wellbeing” of her colleagues.
Pitt told the tribunal the council’s treatment of her amounted to harassment and discrimination on the basis of her protected belief, and judge Michell agreed.
Read more: How HR can create a trans inclusion policy
Employers should avoid banning expression of protected beliefs altogether, Zoe Wigan, head of resolution at workplace behaviour consultancy Byrne Dean, told HR magazine.
She said: "Employers should avoid a knee-jerk reaction. Jumping straight to formal action is often – not always – an unnecessary escalation which risks damaging relationships beyond repair. Sometimes a more nuanced approach is better; perhaps a facilitated conversation with a neutral third party, or an intervention by someone senior, or training."
Creating a supportive culture could encourage employees to speak up about bullying they might have experienced, according to Ele Wilson, head of investigations at conflict management company CMP.
Read more: Conflicting opinions about Israel and Palestine must be dealt with sensitively
Speaking to HR magazine, she said: “Preventing bullying always starts with culture – the ways things are done, how people speak with each other – and not just a crackdown in terms of rules and penalties.
“The employer's position needs to be made explicit, including what a protected belief is in law, and in turn, its anti-bullying policy. In practice, HR needs to help create an environment where employees always feel safe to address a concern with a colleague or a manager.
“That means guidance to managers on handling difficult conversations, making sure they are listening and offering a swift response that includes support for both the reporting and reported party; a prompt and impartial investigation when needed; and being straightforward in enforcing disciplinary actions.”
