Ex-barrister gets right to sue for “gender critical beliefs”

Ex-barrister gets right to sue for “gender critical beliefs”

A former attorney has been granted the right to sue the UK Council for Psychotherapy for discrimination on allegations that he was expelled from his degree program for expressing gender-critical ideas.

Ex-barrister gets right to sue for “gender critical beliefs”
A judge has granted James Esses permission to examine his claims that he was unfairly treated because of his beliefs before a full employment tribunal.

The trainee therapist argues that the UKCP urged the Metanoia Institute in west London, where he was enrolled, to have him expelled from his psychotherapy master’s program.


At a hearing, the UKCP attempted to have his complaint against it dismissed on the grounds that there was no proof that it had issued orders for his dismissal from the course. However, Employment Judge Beyzade determined that the case should be examined by an entire tribunal.

Mr. Esses has raised concerns about the professional organization’s stance on transgender problems, particularly among youngsters.

Mr Esses speaking on his views in a series of tweets from July 2021 - he said he is 'increasingly contacted by parents'
During a preliminary hearing, Mr. Esses outlined the views he contends should grant him legal protection.

According to a ruling, these include the belief that sex is binary, unchangeable, and biological, and that gender is a matter of identity based on a multitude of factors, including culture and socialization.

The trainee therapist was thrown off his Masters course at the Metanoia Institute in west London (stock image)
A judge has granted James Esses permission to examine his claims that he was unfairly treated because of his beliefs before a full employment tribunal.

It is a collection of characteristics or characteristics commonly associated with a specific sex. Even though a person may exhibit more masculine or feminine characteristics, this does not alter their biological gender.

Gender identity and sexuality are independent and distinct. The gender identity and sex of a person may overlap or correlate, or the two qualities may not overlap or correspond at all. This is, broadly speaking, the ‘gender critical belief.’

Regarding the approach of psychotherapists to these issues, Mr. Esses argued: ‘That gender reassignment is not de facto the appropriate treatment for all individuals experiencing gender dysphoria, and that there may be such individuals who should not be treated in this manner immediately and/or merely due to the fact that they have gender dysphoria.

‘Psychotherapists should explore the context and possible causes of a person’s gender dysphoria through open-ended discussion, which may in some cases lead to the individual abandoning a course of potentially irreversible and potentially damaging medical intervention, such as puberty blockers, cross-sex hormones, and sex reassignment surgery.

This therapeutic method constitutes required, helpful, and accountable care. It should not be confused with destructive conversion therapy, which aims to divert or deny a person from their sexual orientation or gender identity, nor should it be criminalized.

In a series of tweets from July 2021, Mr. Esses expressed his opinions, stating that he is “increasingly contacted by parents.”

After Mr. Esses began his studies at the Metanoia Institute, which provides instruction in psychology, psychotherapy, and counselling, in September 2020, he registered for trainee membership with the UKCP.

The tribunal was informed that on 31 January 2021, he sent an email to the UKCP communications team expressing “his worry with a lack of balance in the discussion and debate surrounding treatment of gender dysphoria, especially for children.”

He included a draft of an essay he had written titled “The Real ‘Conversion’ Therapy: Puberty Blockers, Hormone Treatment, and Sex Reassignment Surgery” and urged the UKCP to consider publishing it “to offer UKCP members and colleagues a distinct perspective on this delicate subject.”

The next month, he received an email from the UKCP’s registrar informing him that, if he desired to apply for full membership, he would be required to adhere to the organization’s “ethical framework.”

In addition, he was informed that his original message will be shared to the Metanoia Institute, and in April, the UKCP wrote an email to its CEO.

The therapist-in-training was expelled from his master’s program at the Metanoia Institute in west London (stock image)

The email added, “We are extremely concerned about this scenario and I would appreciate your organization’s thoughts on this matter as soon as possible,” according to the tribunal.

Mr. Esses’s contract with Metanoia Institute expired on 6 May 2021, and three weeks later he received an email informing him that, as he was no longer a student, his trainee membership with the UKCP had expired.

At the June hearing, he argued that by doing so, the two organizations had discriminated against, harassed, and victimized him due to his religious views.

“In the case of Mr. Esses, the UKCP conveyed its concerns to the Metanoia Institute regarding his views on conversion treatment…” The tribunal heard testimony.

The claimant’s contract with the Metanoia Institute was abruptly terminated within a week, allegedly due to his opinions on conversion therapy.

Judge Beyzade stated, “After reviewing the materials, I do not believe it is appropriate to dismiss the allegation of direct discrimination based on philosophical beliefs.”

“At this stage of the proceedings, I am unable to decide that (his claims) have no or few reasonable chances of success in the absence of hearing additional evidence.”

This is a fact-sensitive exercise that the tribunal will be in the best position to do during the final hearing.

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