The team supporting a nurse's lawsuit that claims she was forced by a National Health Service (NHS) Trust to attend a course that branded all white people as "racist" and is aiming to go after more institutions that have adopted a "highly politicised, divisive set of ideologies."
Amy Gallagher, a mental health professional undertaking training in psychotherapy at the Tavistock and Portman NHS Foundation Trust, is suing the Trust, over claims it is forcing students to adhere to critical race theory (CRT).
White PrivilegeGallagher, a Christian, said was forced to attend anti-racism training where she was told that Christianity was linked to racism. She also objected to a lecture titled “whiteness—a problem of our time” in October 2020, where attendees were forced to confront “the reality of white privilege.”
Critics of CRT call it an outgrowth of Marxism and say that it interprets society through a dichotomy between “oppressor” and “oppressed,” replacing social classes with racial groups. The ideology has worked its way through contemporary society, affecting the education system, workplace, military, and more.
Proponents of CRT see deeply embedded racism in all aspects of society, including in neutral systems such as law and in the school curriculum, and deem it to be the root cause of “racial inequity,” or different outcomes for different races.
The Bad Law Project is supporting Gallagher's legal team over claims the NHS Trust subjected her to disciplinary proceedings for questioning CRT. Gallagher is bringing claims of racial discrimination, religious discrimination, breach of contract, harassment, bullying, and abuse of power against the NHS Trust.
Loutfi said, "what they call antiracism, we say is racism."
Freedom of ExpressionLoufti said the Equality Act is often used when discrimination is discussed, but "we then forget that we have a common law right in England and Wales for freedom of expression." The Equality Act is UK legislation that protects people from discrimination in the workplace and in society.
"That means that the general principle in England and Wales is that you are free to say things unless there's some reason why you should not, and that's enshrined in the European Convention of Human Rights Article 10. Under Article 9, we also have a right to freedom of conscience which means our thoughts, our beliefs, are protected," she said.
"There's a problem with that as we are losing our relationship with freedom of expression," said Loufti. She added that the Equality Act turns the country and the culture away from the idea that freedom of expression is a given.
"Though I think we should not be having to defend everything we say and think based on whether we can show a judge its a whole belief system or a lack of, we should be able to rely on the common law principle that in general, speech is protected," said Loufti.
Loufti said that in some select cases the Bad Law Project will go after the big institutions such as the Church of England, the NHS, the Police Force, the judiciary, and the education system.
An Anti-Racist OrganisationA Tavistock and Portman NHS Foundation Trust spokesperson told The Epoch Times by email that it "cannot comment on an ongoing legal case. As a Trust we have made a public commitment to work to become an anti-racist organisation.”
Some of the commitments include mandatory "inclusive and compassionate leadership training" as well as "Equality, Diversity, and Inclusion" elements, such as obligatory Allyship training, a training program that helps employees to “promote and foster an inclusive culture.”
A spokesperson for the law firm Shakespeare Martineau, which is representing the Tavistock and Portman NHS Foundation Trust, told The Epoch Times by email that it is "working with our client on preparation of its defence."
"As this is a live matter, we are unable to comment further,” added the spokesperson.