Bailey v Stonewall Equality Ltd & Ors [2025] EWCA Civ 1662 (18 December 2025)

Bailey v Stonewall Equality Ltd & Ors [2025] EWCA Civ 1662 (18 December 2025)

The Court held that the Employment Tribunal was entitled to find, on the evidence, that Stonewall's complaint was no more than a protest and did not amount to causing or inducing GCC's discriminatory acts against Ms Bailey. The correct legal test for causation under s.111 Equality Act 2010 involves both factual causation and an evaluative judgment as to whether it is fair, just, or reasonable to impose liability. On the facts, GCC's actions were independent and broke the chain of causation. The appeal was dismissed.

Citation
[2025] EWCA Civ 1662
Parties
Appellant: Allison Bailey; First Respondent: Stonewall Equality Ltd; Second Respondent: Garden Court Chambers; Third Respondent: Rajiv Menon KC and Stephanie Harrison KC (as representatives of all members of Garden Court except the appellant)
Jurisdiction
England and Wales
Judgment Date
18 December 2025
Procedural Posture
Appeal (employment Discrimination) / Court of Appeal Judgment on Second Appeal From Employment Appeal Tribunal
Outcome
Appeal dismissed
Legal Topics
Direct Discrimination, Victimisation, Causation in Discrimination, Equality Act 2010 S.111, Protected Beliefs, Inducement and Causing Contraventions
Employment Law Equality and Discrimination Law Direct Discrimination Victimisation Causation in Discrimination Equality Act 2010 S.111 Protected Beliefs Inducement and Causing Contraventions

Case Brief

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Parties

Allison Bailey

Appellant

Stonewall Equality Ltd

First Respondent

Garden Court Chambers

Second Respondent

Rajiv Menon KC and Stephanie Harrison KC (as representatives of all members of Garden Court except the appellant)

Third Respondent

Procedural Posture

Appeal (employment Discrimination) / Court of Appeal Judgment on Second Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 Whether Stonewall Equality Ltd caused or induced Garden Court Chambers to discriminate against Allison Bailey under s.111 Equality Act 2010
  2. 2 Proper test for causation and inducement under Equality Act 2010 s.111
  3. 3 Whether the Employment Tribunal and EAT applied the correct legal test for liability under s.111

Ratio Decidendi

The Court held that the Employment Tribunal was entitled to find, on the evidence, that Stonewall's complaint was no more than a protest and did not amount to causing or inducing GCC's discriminatory acts against Ms Bailey. The correct legal test for causation under s.111 Equality Act 2010 involves both factual causation and an evaluative judgment as to whether it is fair, just, or reasonable to impose liability. On the facts, GCC's actions were independent and broke the chain of causation. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs
  • No remission to Employment Tribunal