Naomi Cunningham
Naomi Cunningham | |
|---|---|
| Born | October 1966 (age 59) |
| Alma mater | University of Reading, University of Bristol, Inns of Court School of Law |
| Occupation | Barrister |
| Known for | Discrimination and employment law |
Naomi Brigid Cunningham (born October 1966) is a British barrister who specialises in discrimination and employment law. In the 2020s she developed a particular interest in legal issues relating to sex and gender. A member of Outer Temple Chambers in London, she is the author of a book on employment tribunals. She was chair of the charity Sex Matters until 2025 and founded the Sex and Gender Law Association in June 2026.
Background and education
Cunningham was born the eldest of two children to Ann (née Lavell) and Charles Cunningham in Gloucestershire. Both her parents worked for GCHQ and had worked at Bletchley Park during World War II.[1] Her father, who was originally from Glasgow, trained as a barrister at the age of 57. Cunningham credits her father with having shown her that law was "a thing you could do", which influenced her own choice of career.[2]
She attended the University of Reading, where she studied mathematics for two years before switching courses and graduating in 1991 with an LLB in Law. She then obtained a Masters degree in Law from the University of Bristol before completing the Bar Vocational Course at the Inns of Court School of Law in 1993.[2][3]
Career
Cunningham worked in the voluntary sector for the first ten years of her career.[2] This involved work in a number of law centres, including Tower Hamlets Law Centre, where she advised on immigration and employment law and joined the employment group in 1998.[4][5] From 2000 to 2004, she worked for the Free Representation Unit.[3] She then became a member of Outer Temple Chambers, where she remains as of 2026, specialising in employment and discrimination law.[6]
In the 2020s, Cunningham developed an interest in legal issues relating to sex and gender and whether biological sex outweighs gender identity, having been inspired by discussion with Anya Palmer, the barrister who represented Maya Forstater in her case against the Centre for Global Development Europe.[2][7] Just as she had been thinking of retirement, she found a new enthusiasm for the law in defending women who had been discriminated against for their gender-critical beliefs, that is, their beliefs in the reality of biological sex.[7]
In 2021, she joined the board of Sex Matters, an advocacy group campaigning for human rights related to biological sex, and became the founding chair when the group was registered as a charity in April 2024.[8][9] She stepped down as chair in December 2025.[8] She then set up the Sex and Gender Law Association, which held its inaugural meeting at the London School of Economics on 4 June 2026.[3]
Cunningham's work has met with disapproval from trans activists; she was twice reported to the Bar Standards Board, who rejected the complaints without further investigation.[7][10]
Notable cases
In Kwamin v Abbey National (2004) Cunningham successfully argued in the Employment Appeal Tribunal that a delay in promulgating a judgment rendered it unsafe, as a loss of recollection by tribunal members had led to errors in fact finding and conclusions.[11][6]
In Moyhing v Barts & London NHS Trust (2006), she was one of two barristers instructed by solicitors for the Equal Opportunities Council to appeal against a decision in the Employment Tribunal that a male student nurse had not been discriminated against when a hospital required him to be chaperoned while giving intimate care to female patients. The appeal was successful.[12][6]
From 2016 to 2021, she was one of a team of barristers from Outer Temple Chambers representing Asda shop workers in an equal pay dispute, in which the Supreme Court ruled that the claimants could use depot workers as comparators.[7][6]
In 2023, she successfully acted for social worker Rachel Meade, who had been harassed and discriminated against on account of her gender-critical beliefs, in her employment tribunal against Westminster City Council and the regulatory body Social Work England.[13][14]
In 2024, she secured £56,000 compensation for social worker Lizzy Pitt, whose employer, Cambridgeshire County Council had harassed and discriminated against her on account of her gender-critical beliefs and sexual orientation. The council admitted liability and agreed remedy on the first day of the tribunal. The council also agreed to include a section on "freedom of belief and speech in the workplace" in its mandatory e-learning.[15]
She represented nurse Sandie Peggie in Peggie v NHS Fife, filed in 2024, in which Peggie alleged sexual harassment and belief discrimination against NHS Fife and Beth Upton, a trans woman and doctor at Victoria Hospital.[16] The case ended in a partial victory for Peggie.[17]
Writing
In 2005 Cunningham published Employment Tribunal Claims: Tactics and Precedents, with the 2nd to 4th editions being co-authored by Michael Reed and royalties donated to the Free Representation Unit.[6][18]
In 2026 Cunningham co-authored a chapter with Michael Foran on "Sport and UK Law" in Sex, Gender Identity and Sport, edited by C. Devine.[19]
She also writes for The Legal Feminist.[6]
Recognition
Cunningham was named in The Lawyer magazine's hot hundred in 2022, in recognition of her work on the Asda shop workers' case and also of her campaigning for women's sex-based rights.[7][20]
She featured as lawyer of the week in The Times on 9 May 2024 after acting for Rachel Meade in her employment tribunal claim.[6][21]
Personal life
Cunningham is married to barrister Tim Pitt-Payne.[21]
References
- ↑ "Ann Cunningham obituary". Guardian. 22 November 2012.
- 1 2 3 4 Rhodes, Mandy (8 March 2025). "Naomi Cunningham: I'm fuelled by rage, and I've been lucky". Holyrood.
- 1 2 3 "Naomi Cunningham". LinkedIn. Retrieved 20 June 2026.
- ↑ "Tower Hamlets Law Centre Annual Review" (PDF). Tower Hamlets Law Centre. 1997.
- ↑ "Tower Hamlets Law Centre Annual Review" (PDF). Tower Hamlets Law Centre. 1999.
- 1 2 3 4 5 6 7 "Naomi Cunningham". Outer Temple. Retrieved 20 June 2026.
- 1 2 3 4 5 Bindel, Julie (6 February 2026). "This lawyer was shunned for taking on the trans lobby. Now she's suddenly in demand again".
- 1 2 "Naomi Cunningham stands down as chair of Sex Matters". Sex Matters. 1 December 2025.
- ↑ "For Women Scotland Ltd (Appellant) v The Scottish Ministers (Respondent)" (PDF). The Supreme Court. 16 April 2025.
- ↑ Rose, Neil (13 August 2025). "Gender-critical barrister praises BSB approach to 'meritless' complaints". Legal Futures.
- ↑ "Employment law". The Law Society Gazette. 3 September 2004.
- ↑ "Discrimination case win for nurse". BBC News. 9 June 2006.
- ↑ "Naomi Cunningham acts for social worker in belief discrimination case in employment tribunal". Outer Temple. 9 January 2024.
- ↑ "Gender-critical social worker wins tribunal against Westminster council". BBC News. 10 January 2024.
- ↑ Moss, Rob (17 September 2024). "Judge urges council to mandate 'freedom of belief' training". Personnel Today.
- ↑ Cook, James; Geddes, Jonathan (15 July 2025). "Trans changing room row nurse cleared of misconduct as tribunal resumes". BBC News.
- ↑ "Why Sandie Peggie ruling could lead to big changes for employers". BBC News. 8 December 2025.
- ↑ "Support for FRU". Free Representation Unit. Retrieved 21 June 2026.
- ↑ "Michael Foran". University of Oxford. Retrieved 21 June 2026.
- ↑ "Naomi Cunningham". The Lawyer. Retrieved 21 June 2026.
- 1 2 Baksi, Catherine (9 May 2024). "Lawyer of the week. Naomi Cunningham on her career and winning a gender critical case". The Times.