Investigation re-starts into human rights watchdog chair over behaviour claims

An investigation into Equality and Human Rights Commission chair Baroness Falkner over claims about workplace culture is again under way.
Equality and Human Rights Commission chair Baroness Kishwer Falkner was being investigated over allegations about her behaviour (Ian Nicholson/PA)
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Gwyn Wright18 July 2023
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An investigation into the chair of the human rights watchdog over claims about her conduct at work has re-started.

In May, Channel 4 News revealed Equality and Human Rights Commission chair Baroness Kishwer Falkner was being investigated by an independent barrister after allegations about her behaviour were made by a member of staff.

Claims about alleged bullying and harassment, a toxic workplace culture and internal concerns about its independence and impartiality have also been made, the broadcaster reported.

The revelations proved controversial with supporters saying she was being targeted by pro-trans rights activists inside the commission.

The probe was paused for legal advice to be sought but it has now been re-opened.

I am always prepared to take criticism, to reflect on my decisions and to hear from those I may have inadvertently upset by my actions or those of the board

Baroness Falkner

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.”

Baroness Falkner told the broadcaster in May: “I, of course, take these allegations very seriously and with humility.

“I will be cooperating fully with the investigation by presenting a detailed rebuttal and have every confidence in being exonerated.

“I am not aware of any formal employment complaints having been brought against me during my tenure as chairwoman.

“At this point, no findings have been made in relation to me, the board or any individual commissioner.

“While these matters are being investigated, it would be wrong for me to offer a point by point rebuttal through the media.

“I am always prepared to take criticism, to reflect on my decisions and to hear from those I may have inadvertently upset by my actions or those of the board.”

In April the watchdog said changing the definition of sex under the Equality Act could result in “greater legal clarity” around women-only spaces and access to sport.

Women and equalities minister Kemi Badenoch wrote to the body in February to ask for their consideration about whether the definition of sex is “sufficiently clear and strikes the appropriate balance of interests between different protected characteristics”.

The EHRC said it had considered the issue and while it found “no straightforward balance” it had “come to the view that if ‘sex’ is defined as biological sex for the purposes of EqA (Equality Act), this would bring greater legal clarity in eight areas”.

Among these were hospital wards, with the EHRC saying that a “biological definition of sex would make it simpler to make a women’s-only ward a space for biological women”.

On the subject of sport, the organisation said a biological definition of sex “would mean that organisers could exclude trans women from women’s sport without this additional burden” of having to show it was necessary to do so in the interests of fairness or safety.

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