Britain’s equality watchdog has restarted an investigation into complaints of bullying and harassment made against its chair, Kishwer Falkner.
The Equality and Human Rights Commission (EHRC) appointed a senior lawyer to carry out an independent inquiry into the allegations earlier this year but paused the investigation after leaks to the press.
Details of the complaints were shared with Channel 4 News while, before its story was broadcast, allies of Falkner told the Daily Mail she was the victim of a witch-hunt because of the position the watchdog has taken on transgender rights under her leadership. Falkner has said she is confident of being exonerated.
The EHRC paused the investigation in May, saying it was taking legal advice “on the impact of leaked confidential information” and needed to ensure “it is fair to all parties concerned”.
On Tuesday, the watchdog said the investigation had resumed, as first revealed by Channel 4 News. An EHRC spokesperson said: “Following legal advice, the pause on the investigation has been lifted. We are unable to comment further to protect the integrity of the investigation and to ensure fairness to all parties.”
The Guardian understands that 40 complaints have been made by 12 current or former staff members at the EHRC.
The differing accounts of the investigation have exacerbated tensions over trans rights within the organisation. The leaks came shortly after Falkner – following a request for advice from the equalities minister, Kemi Badenoch – wrote back in support of changing the Equality Act 2010 so that the protected characteristic of sex would mean biological sex. The change could allow transgender women to be barred from single-sex spaces and events.
LGBT+ groups have reacted with dismay to the EHRC’s interventions on trans rights under Falkner’s leadership, as have some of the watchdog’s own staff, with reports of significant numbers quitting over its alleged “transphobic direction”, including senior officials.
Last year, the EHRC wrote to the Scottish government asking it to pause plans to simplify the legal requirements for gender recognition via self-identification. It also published guidance saying that transgender people could be legitimately excluded from single-sex services if the reasons were “justifiable and proportionate”.
When the investigation was paused, Falkner’s allies were quoted telling the Daily Telegraph that it was a “victory for board over blob”. “The Blob” has been used by Conservatives to describe a mass of people, usually of leftwing sensibility, who are critical of the Tories’ agenda.
The government has been keen to show support for Falkner. When details of the investigation into the claims against her became public, the prime minister’s spokesperson said the government had “enjoyed a constructive relationship” with Falkner while newspapers were briefed that Badenoch would not allow the EHRC chair to be “hounded from office”.
