Alasdair Henderson is a UK lawyer and Christian anti-trans activist who has served as an EHRC commissioner since 2018. Leaked emails from 2020 show him actively seeking anti-trans cases for the EHRC to participate in. He has been involved in several prominent anti-trans campaigns, including representing Bell in the Bell v. Tavistock (2019-2021) case that stripped trans children of access to puberty blockers through the NHS. At least some of his time at the EHRC overlaps with his other anti-trans activism.[1]
This email appears to reference item 3 from the 91st EHRC board meeting, dated 10th September 2020:
11.2.8. Consider the freedom of speech implications.
Action: Executive to have further discussions with the three Commissioners leading on the nations regarding publication of the guidance for schools.
The declaration of interests section from the meeting minutes includes the following:
- Declarations of interest
3.1. Lesley Sawers declared a potential conflict of interest regarding item 6.3.3 on the BBC investigation, as a member of her family knows Ken MacQuarrie, the BBC’s Director of Nations and Regions.
3.2. Helen Mahy declared a potential conflict of interest regarding item 7.1.1 a) as a member of her family works for the Care Quality Commission.
3.3. Alasdair Henderson reminded the Board that he had previously declared a potential conflict of interest regarding item 11 (transgender work).
3.4. The Board considered these declarations and concluded that the individuals need not recuse themselves. This would be revisited if relevant topics were revisited in the future. No further declarations were made.
If you look at 3.1
and 3.2
, those declaring a conflict of interest specified both the nature of the conflict and which agenda item it concerned. However, in 3.3
, Henderson only mentions a "potential conflict" without specifying the nature or details of his involvement. Could this be related to Bell v. Tavistock? It's hard to say.
He made a similarly vague declaration at the March 11th meeting:
Alasdair Henderson declared a potential conflict of interest regarding item 8.1 b) on transgender guidance. No other declarations were made.
At that time, he was the only commissioner to declare a conflict of interest, but the exact nature of this conflict remains unclear.
The relevant meeting minutes state:
b) Transgender guidance:
I. Melanie Field referred to the Commission’s guidance for transgender pupils, which outlines the Equality Act requirements for schools in England.
II. It was noted that the Scottish Government was consulting on a Gender Recognition Reform Bill and had prepared guidance complementary to the Commission’s.
III. The UK Government indicated they would like to delay publication to align with other work.
IV. The Scotland Commissioner emphasized the importance of publishing to avoid issues in Scotland.
V. The Board noted that many schools were requesting this guidance and delaying publication could harm some pupils.
VI. The Board agreed to pause publication of the guidance until further discussions had taken place with key ministers.
VII. The Board requested the guidance be re-circulated to Commissioners.
Some EHRC staff apparently didn't know about Henderson's involvement in the Bell v. Tavistock case, but he disclosed the conflict on at least some occasions and was allowed to continue working on related issues.
The EHRC claims they investigated him for his homophobic and transphobic activity on social media, but there is no evidence that these investigations resulted in any action. [6]
Email: Alasdair.Henderson@equalityhumanrights.com
On the surface, Alasdair Henderson may seem like a minor functionary, but his involvement in several significant events highlights his central role in the advancement of right-wing Evangelical Christianity in UK institutions. Appointed by the Tories to the EHRC, Henderson has used this position to investigate the opposition, including the Labour Party, which helped entrench control over the party leadership under Keir Starmer. This gives the impression that the Labour Party leadership is in his debt.
Henderson has been instrumental in taking away puberty blockers from trans children, supporting the gender critical movement, and actively seeking their engagement. These actions are not isolated—they have ramifications for UK politics and trans rights, further showing the role of anti-trans functionaries in institutions.
Henderson has a history of arguing that gender critical views are a matter of free speech, going back at least to 2020. And if he were deeply committed to free speech in principle, that might be a convincing argument for some. But his investigation into the Labour Party, which was mostly over failure of the Party to adequately discipline party members for social media activities and tv interviews, makes it clear he only cares about free speech when it aligns with his larger ideological objectives.
As early as November 2020, Henderson was caught liking tweets that were deeply transphobic and homophobic, undermining any trust in his ability to protect trans rights, which is supposed to be his role. [14] The EHRC was aware of these allegations, yet there is no evidence that any investigation led to consequences.
An EHRC spokesperson claimed that they would "look into [Henderson’s] use of social media and the issues raised." However, the blatant hypocrisy of Henderson's actions—such as justifying transphobia on the grounds of free speech, while accusing Labour of antisemitism for social media posts—shows that trans people receive no real protection under his vision of the world.
If the Labour Party under Corbyn was deemed systematically antisemitic, then the EHRC must be seen as systematically transphobic as well. When will the EHRC investigate itself? Some of these issues with Henderson are five years old, and he thinks Labour's internal complaints process was too slow?
Despite his clear history of anti-trans activism, Henderson has been involved in multiple EHRC decisions concerning trans rights. When commissioners discussed rolling back trans rights in the Equality Act 2010 and the Gender Recognition Certificate process, there is no evidence that Henderson declared a conflict of interest or recused himself—unlike some of his gender-critical colleagues. His involvement in the Bell v. Tavistock case alone should have raised concerns about his impartiality and suitability to make decisions affecting trans people.
A human rights regulator that allows individuals like Henderson to influence decisions on trans rights will never earn the trust of the trans community.
Profile of Alasdair Henderson at Equality and Human Rights Commission ↩︎
Vice-Chair of the Trustees of the Lawyer's Christian Fellowship ↩︎
Christian Concern launches legal action against a Cambridge University college over claims of discrimination 'after it refused to allow conference booking because of group's religious beliefs' ↩︎ ↩︎
Labour Responsible for Harassment and Discrimination, EHRC Antisemitism Inquiry Finds ↩︎
Legal Analysis Blows Apart EHRC's "Labour Anti-Semitism" Report ↩︎
Next steps taken to ensure age-appropriate relationships, sex and health education ↩︎
Equality Watchdog Commissioner Liked Tweet Saying "Homophobe" is a "Highly Ideological Propaganda Term" ↩︎