Naomi Cunningham

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. 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.

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.

Career Cunningham worked in the voluntary sector for the first ten years of her career. From 2000 to 2004, she worked for the Free Representation Unit.

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. 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. She stepped down as chair in December 2025.

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.

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.

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. The case ended in a partial victory for Peggie.

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.

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.

She also writes for The Legal Feminist.

She featured as lawyer of the week in The Times on 9 May 2024 after acting for Rachel Meade in her employment tribunal claim.

Personal life Cunningham is married to barrister Tim Pitt-Payne.