A former scientist working at the Porton Down Defence Technology Campus in Wiltshire won his constructive dismissal claim after facing ‘clear animus’ because of his perceived gender-critical beliefs.
Peter Wilkins, 43 years old, resigned in November 2022 from the Defence Science and Technology Laboratory near Salisbury after a tribunal determined that there was an intimidating environment which resulted to harassment and discrimination. He worked at DSTL from 2008.
When Professor Sophie Scott, a neuroscientist, was awarded the Michael Faraday prize by the Royal Society in 2021, an employee of DSTL wrote on a DSTL Blog that it was “pretty depressing”, given her “non inclusive views on transgender and non-binary individuals”.
Wilkins complained about Prof Scott’s treatment on the blog to its moderators, saying that it was “deeply unfair”. He claimed that it implied anyone with gender-critical views should not be recognized for their work.
In the months that followed, several posts made disparaging remarks about people who held such beliefs.
One DSTL worker wrote that openly stating such views is “abusive”, and another called gender criticism “bigotry”. Third, people who hold these views lead “sad and pathetic lives”.
A colleague suggested that Wilkins should refer the matter to HR and security when he liked a LinkedIn posting by the feminist campaign group Sex Matters.
Wilkins said it was astonishing that he had been flagged in the same manner as if he were expressing his support for al-Qaeda or the provisional IRA.
Wilkins, a Christian, asked repeatedly for management to intervene. He explained to HR that after the 2022 ruling of Maya Forstater against Center for Global Development, his philosophical beliefs would be protected. He felt that such posts against criticism of gender would not have been tolerated if the focus had been on protected religious beliefs or other protected beliefs.
The Southampton Employment Tribunal found that the management viewed Prism as a powerful force within DSTL, and did not want to upset or oppose it.
The hearing heard that Paul Kealey told Wilkins, a division head at DSTL that although staff are allowed to hold gender-critical views, “it is not okay to express these views in the work place”.
Wilkins resigned because of a hostile, degrading and intimidating environment. The tribunal ruled that Wilkins was constructively dismissed after finding a “clear animus” against gender-critical views at DSTL.
‘Very one-sided’
Wilkins, following the tribunal’s decision, said that it was not unacceptable to use biological sex.
“I never expected DSTL’s endorsement of my views or anything said about people on the opposite side of the argument. It felt one-sided.
He said: “It’s pretty hurtful to hear that after 15 years of working at DSTL, you are a security threat because you hold these factual, normal beliefs about sex.
The Times quoted Dr Bryn Harris as the chief legal counsel of the Free Speech Union which supported Wilkins: “They should be fighting wars on a global scale, not cultural wars.”
Peter was patiently explaining, time and time again, how DSTL could not degrade employees who hold the ‘wrong view’ about sex or gender. DSTL’s response, that it was ‘not OK’ to express gender critical views at work, was a flagrantly illegal suppression of our members’ freedom of expression. “We expect DSTL to now put its house in proper order and respond to the tribunal’s findings of serious breaches of the Civil Service Code committed by senior employees.”
Wilkins’ compensation will be decided at a future hearing. The court ruled that Wilkins’ treatment was not victimisation.
A DSTL spokesperson said: “We will review and take appropriate action after reviewing the judgment.” We are unable to comment further on specific cases.
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