Trans Advocates Win Landmark UK Tribunal Case.
- WE CREATE SPACE
- 1 hour ago
- 10 min read
Eva Echo and Saba Ali share the story behind their tribunal win and the important legal precedent it sets for the trans community in the UK.
In March 2023, Eva Echo and Saba Ali delivered a Trans Day of Visibility event for the Metropolitan Police. The two became embroiled in a legal tribunal after an employee of the Met complained that the event constituted discrimination and harassment against her on account of her ‘gender-critical’ beliefs. The employee lost their case which is a huge win for the trans+ community and the LGBTQIA+ community at large, as the UK continues to see a flurry of new anti-trans tribunals and court cases.
As members of the We Create Space collective, we sat down with Eva and Saba to discuss their experiences, what the outcome of the tribunal means for future trans legal battles and how the LGBTQIA+ community can better work together to fight for trans+ rights.
Eva Echo (she/they) is a prominent activist, writer, and public speaker with a passionate focus on transgender rights and mental health. She has previously taken legal action against NHS England in the High Court, challenging the unlawful waiting times for trans patients and sits on the Crown Prosecution Service’s hate crime panel.
Saba Ali (she/her) is an award-winning and distinguished advocate specialising in intersectionality, cultural abuse, and the challenges faced by marginalized communities. She works as a critical friend to institutions like the Crown Prosecution Service and the Metropolitan Police Service.
WCS: How did this situation begin? Were you surprised when you heard the TDOV event would become the subject of an employment tribunal case?
Saba: I started working as a critical friend to the Metropolitan Police Service about 4 years ago. I was working as a community stakeholder engaging with different officers, from new recruits to sergeants, inspectors, senior leadership, advising them on the LGBTQIA+ community, especially marginalized people within that community. I had a specific interest in platforming the needs of the trans community, as trans people have always been part of my life.
I never, ever thought that speaking as a community stakeholder, and speaking at the Met Police would mean that my name will become subject to an employment tribunal. A similar Trans Day of Visibility event the year before had gone really well, so it's not like we were walking into the unknown. It was really unexpected.
Eva: Speaking at that event, I thought the day went well, that it was needed, and I was really grateful that the Met had held it. You go to these events thinking the organizers have sorted everything, that it's going to be a safe event. So we didn't think anything of it, and then to find that our names are part of a tribunal was shocking. A tribunal is big, you've got to have exhausted all other avenues before it heads down that route. I just couldn't understand how it got to this.
There was a bit of foreshadowing, because we had been contacted before by a Daily Mail reporter who wrote a hit piece about me. Even after that hit piece, and the hate I got in the aftermath, I thought that would be it. I didn't think it would rumble on for two years.
Saba: I was really disappointed at the fact that we were told 10 days before the tribunal on a Friday, so there were two weekends, literally 5 working days to get any advice. We were told by a Commander that; you've got nothing to worry about your name's just in the bundle of evidence - this is about the event and not about you. So we were completely misguided.
Eva: When it came to safeguarding there was nothing. It was when a well-known anti-trans journalist from the Telegraph contacted us I realised how serious it was. That they will drag this out all over social media, amplified by the mainstream media. The way we were treated was disgusting.
WCS: The two of you are no strangers to interacting with Employee Resource Groups (ERGs) designed to provide support and community for marginalised employees. How do you feel about the fact that the Met Police established a gender-critical staff network in response to the detective’s complaints?
Eva: I understand why, because of the pressure, especially after Maya Forstater’s tribunal ruling that being gender critical is a belief. But, I think more needs to be done to push back against it. You could say that being anti-black or anti South Asian is a belief, and therefore where does it end? ERG’s exist to represent the employees, they're supposed to be constructive, positive and for the benefit of everybody, not just the people within those groups.
Saba: I think it is quite shocking, I'm not aware of any other institution that has a gender critical staff network. It shows no care or concern for trans employees or employees with trans loved ones within the Met Police.
One thing that disappointed me the most was the fact that this gender critical staff association was set up with no consultation with the LGBTQIA+ staff association or with the women's network. There was no community impact assessment, it was just signed off by a Chief Inspector who knew absolutely nothing about the trans community, let alone the LGBTQIA+ community, because it would look good in court.
WCS: Anti-trans individuals have had several high profile legal wins in UK courts recently, at the expense of the rights and dignity of trans people, what does this outcome mean to you personally? And do you think this case may provide a blueprint for future trans+ legal wins?
Eva: I'm relieved. Honestly, I did not think we'd win. It's hope for the community to know that anti-trans campaigners aren't invincible. They're well-funded, well structured, well organised, and it’s easy for them to just keep firing out tribunals anywhere and everywhere, but we all need to stand firm. This particular tribunal was essentially trying to mirror Maya Forstater’s employment tribunal, but they lost.
One very crucial part of the judgment was that she chose to put herself in that situation. It was a voluntary event, like a lunch and learn. Knowing her affiliation with the topic, she chose to join, and therefore it will set a precedent for future arguments like this. As an anti-trans person, are you going out of your way to put yourself into a situation that you know goes against what you believe so you can paint yourself out as the victim?
Saba: This process was two years of emotional torture. When Women's Rights Network first complained about the case in 2023 they complained to our clients, about us online and in the MSM. Because nothing happened after the complainant raised a complaint within the Met, she went straight for an employment tribunal rather than follow the internal complaints procedure, which took place in March this year. So everything was regurgitated, and we had to deal with everything for a second time, but much worse.
I can't explain the level of elation to just know that we beat them. We just need to be ourselves, come together, support each other. The trans community does have a voice, we've beaten anti-trans campaigners today, and we can beat them in other cases.
WCS: How has participating in this tribunal affected your wellbeing and your work? Do you have any advice for others undergoing or preparing to undergo similar legal battles?
Eva: Yes, for me it's been chipping away at my mental health in a very detrimental way. I didn't realise until it finally caught up with me. It's this idea of being pulled into a tribunal, having your name dragged through the mud, being spoken about, and having no control over the narrative. That loss of control from the tribunal contributed towards a major relapse for my eating disorder. The case is now over but the struggle with the eating disorder still continues. On top of that I’m scared of going back on social media because of receiving so much hate. My own profile should be a safe space, but it isn’t.
For others going through a situation like this, make sure you have a good network around you people that can protect you, like Saba has for me. She's shielded me from awful things, filtered out the rubbish and given me positive updates. It’s paramount to have someone to talk to, because it can feel like such a lonely process.
Saba: I suffer with high blood pressure, during the case I developed hypertension, my blood pressure was over 200 throughout the entire tribunal. I'm struggling so much at the moment with mental and physical fatigue. I feel like I've been rinsed and put through a mangle.
I have to thank TransPALS, an amazing trans organisation who listened to the whole tribunal and went through all the tweets and social media for us. We were really lucky to have them, and a few other people that really supported us by checking in regularly like Lady Phyll and Mzz Kimberley, offering advice and keeping our spirits up. Having those people gave me strength to get through each day.
To anyone going through a similar situation, I say if you're not in a good place mentally, if you're not feeling strong, I would get someone else to either cover for you or wait. If you're looking to take someone to court, you can wait and not do it straight away, because it does take it out of you.
I have made a formal complaint to the police about the way we were treated, and the lack of support we received. Everything we've had to deal with is because of their inept way of dealing with the initial complaint. It's a real learning lesson for the Met police, how they support community stakeholders. They're very quick at asking communities for support and help, what we think, yet when it comes to a duty of care for us they walk away.
WCS: This case has received minimal coverage both from the mainstream media and LGBTQ+ specific news sources, why do you think this is?
Eva: A few other things had happened around this time, so attention was on that, but at the same time this is a huge piece of news. I think that queer media needs to take a step back and think about prioritising the positives for our community. A positive isn't always about a celebrity who's endorsed trans rights. We need to amplify what the community is actually doing, because that's so much more powerful when it comes to creating unity and support.
From the mainstream media point of view it's pretty obvious why this win hasn’t been covered, because it goes against the narrative that they've all spent years creating.
Saba: There is so much negativity towards the trans community, and reporting on this win would have been an opportunity to cultivate hope. To say that Sex Matters, one of the largest anti-trans hate groups, lost in court trying to erase Trans Day of Visibility. The Met’s key witness, a trans man, pretty much single-handedly won this case. He was phenomenal in court. He was deadnamed by the claimant’s barrister and misgendered throughout the case but remained professional and won. To think that our own media couldn't be bothered to report that is such a shame.
Eva: This could have been really helpful for other people to know that if something happens whilst working for a company they know the protections they have. A tribunal win like this goes a long way to show people that you can win.
WCS: In a time where community is more important than ever, what do you want to see as an immediate change within the LGBTQ+ community to have stronger and more visible solidarity?
Saba: We need to put our differences aside and start coming together, working together. There are a lot of fractures within the community, and a lot of ‘I don't like this person, I don't like that person.’ If we all came together like 100,000 people did for London Trans Pride, left our paraphernalia and differences outside and came in the room with one purpose, one mission - we could silence the anti-trans groups. How amazing and powerful would that be? We'd be invincible.
Eva: I think there are so many factors, such as groups working in silos. We need to stop and realise that no one single handedly can fix this, it will take unity. If there are people or groups out there thinking I don't need to adapt, I don't need to change anything, then I'm sorry to say, but they’re part of the problem. The situation is ever evolving, and we need to always be adapting to it. Putting differences aside can be so healing; you grow as a person, but you also grow in terms of your network, who you have access to, who you can lean on, who has your back.
Saba: We’ve got to put egos aside and compassion first. Some of my work is around restorative justice and I'm a real believer that you need to sometimes look beyond the differences. Find a common neutral ground and work from there. The common neutral ground here is to make trans people visible, to restore trans rights, restore their human rights to make sure that trans voices are heard.
Eventually, what's happening to the trans community will affect every single one of us and that's what people need to understand.
A note from the We Create Space Team:
Sharing stories from our community is embedded into the foundation of our work and this story is no exception. Saba and Eva deserve to be heard. Their struggle is everyone’s struggle. Their victory is everyone's victory. For our team, this interview is one step we are taking to provide hope in a time when it feels far from us. It’s also a reminder that we each have the capacity to be an ally to someone in our community and that there cannot be liberation for only some of us. We want to thank Saba and Eva for trusting us to share their story and encourage you to share it as well.
As an organisation committed to supporting, empowering, and platforming LGBTQ+ people, we are calling on everyone to find meaningful ways to be allies to the trans+ community. For more ways to explore your own allyship, here are some curated resources from us.
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