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Feminism: Sex and gender discussions

Allison Bailey v Stonewall - Employment Appeal Tribunal hearing Thread 19

738 replies

ickky · 26/09/2022 17:24

Allison Bailey has tweeted her intention to appeal the Stonewall decision.

twitter.com/BluskyeAllison/status/1572133035335716865

The Tribunal started on 25th April, witness testimony concluded on the 26th May. Closing arguments for council was on the 20th June.

There was also live tweeting from

twitter.com/tribunaltweets

tribunaltweets.substack.com/p/allison-bailey-vs-stonewall-and-garden

Abbreviations:

AB: Allison Bailey, claimant
BC: Ben Cooper QC, barrister for AB
SW = Stonewall Equality Limited (respondent 1)
IO = Ijeoma Omambala QC, senior counsel - barrister for SW
RW = Robin White junior counsel to SW - assisting IO
GC = Garden Court Chambers Limited (respondent 2) (GCC )
AH = Andrew Hochhauser QC, senior counsel - barrister for GC
JR = Jane Russell junior counsel to GC - assisting AH
RM= Rajiv Menon QC & SH = Stephanie Harrison QC (jointly respondent 3 along with all members of GC except AB)
EJ = Employment Judge Goodman hearing the case
Panel = Judge Goodman, Mr M. Reuby and Ms Darmas

Thread 1 www.mumsnet.com/talk/womens_rights/4529887-Allison-Bailey-v-Stonewall-Employment-Tribunal-hearing?
Thread 2 www.mumsnet.com/talk/womens_rights/4542466-allison-bailey-v-stonewall-employment-tribunal-hearing-thread-2
Thread 3 www.mumsnet.com/talk/womens_rights/4545725-allison-bailey-v-stonewall-employment-tribunal-hearing-thread-3
Thread 4 www.mumsnet.com/talk/womens_rights/4546945-allison-bailey-v-stonewall-employment-tribunal-hearing-thread-4
Thread 5 www.mumsnet.com/talk/womens_rights/4548160-allison-bailey-v-stonewall-employment-tribunal-hearing-thread-5
Thread 6 www.mumsnet.com/talk/womens_rights/4550451-allison-bailey-v-stonewall-employment-tribunal-hearing-thread-6
Thread 7 www.mumsnet.com/talk/womens_rights/4551757-allison-bailey-v-stonewall-employment-tribunal-hearing-thread-7
Thread 8 www.mumsnet.com/talk/womens_rights/4552521-allison-bailey-v-stonewall-employment-tribunal-hearing-thread-8
Thread 9 www.mumsnet.com/talk/womens_rights/4553181-allison-bailey-v-stonewall-employment-tribunal-hearing-thread-9
Thread 10 www.mumsnet.com/talk/womens_rights/4553754-allison-bailey-v-stonewall-employment-tribunal-hearing-thread-10
Thread 11 www.mumsnet.com/talk/womens_rights/4555145-allison-bailey-v-stonewall-employment-tribunal-hearing-thread-11
Thread 12 www.mumsnet.com/talk/womens_rights/4555687-allison-bailey-v-stonewall-employment-tribunal-hearing-thread-12
Thread 13 www.mumsnet.com/talk/womens_rights/4556235-allison-bailey-v-stonewall-employment-tribunal-hearing-thread-13
Thread 14 www.mumsnet.com/talk/womens_rights/4556407-allison-bailey-v-stonewall-employment-tribunal-hearing-thread-14
Thread 15 www.mumsnet.com/talk/womens_rights/4556803-allison-bailey-v-stonewall-employment-tribunal-hearing-thread-15
Thread 16 www.mumsnet.com/talk/womens_rights/4557036-allison-bailey-v-stonewall-employment-tribunal-hearing-thread-16
Thread 17 www.mumsnet.com/talk/womens_rights/4561850-allison-bailey-v-stonewall-employment-tribunal-hearing-thread-17
Thread 18 www.mumsnet.com/talk/womens_rights/4574654-allison-bailey-v-stonewall-employment-tribunal-hearing-thread-18

Allison Bailey - claimant (4-9, 11-13 May)

Witnesses for the claimant:

Dr Nicola Williams - Fair Play for Women (29 April)
Dr Judith Green - A Woman's Place (29 April)
Kate Barker - LGB Alliance (3 May)
Lisa-Marie Taylor - FiLiA (4 May)

Witnesses for the respondents:

Stephen Lue - barrister for GCC (3-4 May)
Zainab Al-Farabi - ex Stonewall (10 May)
Kirrin Medcalf - head of trans inclusion Stonewall (10 May)
Leslie Thomas - barrister at GCC (13 May)
Sanjay Sood Smith - Stonewall (16 May)
Shaan Knan - LGBT consortium - on STAG (16 May)
Rajiv Menon - joint head of chambers (16-17 May)
Maya Sikand - barrister at GCC (17-18 May)
Mia Hakl-Law - HR senior for GCC (18 May)
Judy Khan - barrister at GCC (19-20 May)
Charlie Tennent - clerk at GCC (20 May)
Luke Harvey - clerk at GCC (20 May)
Louise Hooper - Barrister at GCC (20 May)
David Renton - barrister at GCC (20 May, 25 May)
Marc Willers - Barrister at GCC (23 May)
Stephen Clark - Barrister at GCC (23 May)
Liz Davies - Barrister at GCC (23 May)
Cathryn McGahey - Bar Council Ethics Committee's VC (24 May)
Tom Wainwright - Barrister at GCC (24 May)
Colin Cook - Head clerk at GCC (24 May)
David de Menezes - GCC, Head of Marketing (25 May)
Kathryn Cronin - barrister at GCC (25 May)
Michelle Brewer - barrister at GCC at time, now left and a judge (26 May)
Stephanie Harrison - joint head of chambers (26 May)

Closing arguments for AB, GCC, and SW (20 June)

Allison Bailey's Witness Statement

allisonbailey.co.uk/wp-content/uploads/2022/05/Witness-Statement-of-Allison-Bailey.pdf
Supplementary Statement
allisonbailey.co.uk/wp-content/uploads/2022/05/C-Supplementary-Witness-Statement.pdf
Closing Statement
allisonbailey.co.uk/wp-content/uploads/2022/06/CLOSING-SUBMISSIONS-FINAL.pdf

The Reserved Judgement (forth one down)

www.gov.uk/employment-tribunal-decisions/ms-a-bailey-v-stonewall-equality-ltd-and-others-2202172-slash-2020

OP posts:
Thread gallery
20
LipbalmOrKnickers · 13/05/2024 19:03

I'm deep down the rabbit hole now on the ico.org.uk website. According to the lawful basis page, 'consent must always be specific and informed.'

I just sent a bog-standard email with the info required, which I understood to be necessary in order to potentially access remote observation.

I didn't expect any of that information to be shared or used for anything other than reasons of accountability.

Signalbox · 13/05/2024 19:01

This reply has been withdrawn

This message has been withdrawn at the poster's request

Pyjamagame · 13/05/2024 18:49

I thought that too.

Signalbox · 13/05/2024 18:44

Pyjamagame · 13/05/2024 17:56

Update:

I've received a response. I'm one of a few other remote access/out of jurisdiction requests to have been granted access and have now received the sealed orders pertaining to me and the others in my situation.

Out of interest, the clerk writes the judge 'states there has been no data breach as the principle of open justice applies to the Tribunal’s orders.'. I guess those of you who have queried GDPR will receive a similar response.

Is the court exempt from following the GDPR requirements then? Doesn't the GDPR require that when you share someone's data you inform them of that and get their permission to share?

Signalbox · 13/05/2024 18:38

This reply has been withdrawn

This message has been withdrawn at the poster's request

Mmmnotsure · 13/05/2024 18:35

@MarieDeGournay

No. It doesn't feel right.

And we then get an email re access from a court official with He/Him set out at the very top of his email address. That seems inappropriate given the subject of this case.

MarieDeGournay · 13/05/2024 18:27

the judge 'states there has been no data breach as the principle of open justice applies to the Tribunal’s orders.'.
That doesn't make sense to me - 'open justice' may require that all the parties to the case are identified, but surely not members of the public? especially if attendees in person are not identified.
One of the underlying principles of data protection is that the bare minimum of data should be gathered, and used only for necessary, specific and named purposes.

It just doesn't feel right at all. I'd feel very unsettled if it happened to me.

Pyjamagame · 13/05/2024 18:09

You certainly don't have to let everyone else attending know your personal details.

SpinCityBlue · 13/05/2024 18:05

ickky · 13/05/2024 16:24

If you attend in person, do you have to give your name? Does anyone know?

No, not to observe. It's a case of going through the metal detector at security, very like airport security, then you look at the court listings that are displayed on the wall(s), and head into your court. Usually a court clerk is available to give directions if you're lost or answer queries.

You go into the court and find a seat in the public observers' section.

I've never been asked to show ID, in any capacity.

IAmOnTheList · 13/05/2024 18:00

Yes I’ve received a similar response from He/Him/His

Pyjamagame · 13/05/2024 17:56

Update:

I've received a response. I'm one of a few other remote access/out of jurisdiction requests to have been granted access and have now received the sealed orders pertaining to me and the others in my situation.

Out of interest, the clerk writes the judge 'states there has been no data breach as the principle of open justice applies to the Tribunal’s orders.'. I guess those of you who have queried GDPR will receive a similar response.

LipbalmOrKnickers · 13/05/2024 17:04

No you don't.

ickky · 13/05/2024 16:24

If you attend in person, do you have to give your name? Does anyone know?

OP posts:
ickky · 13/05/2024 16:22

IdisagreeMrHochhauser · 13/05/2024 15:57

*fooling = googling

Fooling was appropriate. 😁

Got my log in details, lets hope my shit camera and mic don't stop me observing this one!

Although they shouldn't have shared the names and occupations, it was interesting to see that the vast majority are women.

OP posts:
IAmOnTheList · 13/05/2024 16:14

Starts at 10.30am tomorrow

HornyHornersPinkyWinky · 13/05/2024 16:02

Do we know what time it starts tomorrow? I'm hoping to check in here for updates.

IdisagreeMrHochhauser · 13/05/2024 15:57

*fooling = googling

IdisagreeMrHochhauser · 13/05/2024 15:56

I've already been doxxed (not via Mumsnet) and dragged through a transphobia complaint so I feel pretty blasé about this all now. Bring it on. Out and proud. Plus anyone fooling my socials might come to the conclusion that I'm supporting Stonewall anyway.

chilling19 · 13/05/2024 15:44

Just got the teams link and the sealed order. Good job I don't mind my name being there first all to see.

GreenUp · 13/05/2024 15:25

So if we didn't receive the list then that means we didn't make the cut?

I sent a request last week and got the automatic reply but haven't heard anything since.

Did only 46 people get access?

WallaceinAnderland · 13/05/2024 15:22

You could be viewing as an interest in either side. It doesn't automatically follow that everyone on that list is a nasty terf. I think we are extra vigilant because we are aware of past TRA tactics but there's nothing that could get you into trouble. Unless you're supposed to be working and worried that your employer will see you're not, that sort of thing.

MyLadyDisdainlsYetLiving · 13/05/2024 15:12

GCITC · 13/05/2024 15:04

It's a sealed order, so the sharing of it is prohibited. It should not be found anywhere online.

I'm getting my 'I ❤️ Ben' banner ready as we speak.

Yes, but as we know it's been sent to at least one person inappropriately, we don't currently know who else has it and what their intentions are.

Plus, we have no idea if the other people named in the order are GC like us, TRAs or just neutral observers.

SidewaysOtter · 13/05/2024 15:07

It's a sealed order, so the sharing of it is prohibited. It should not be found anywhere online.

Maybe not, but I shouldn't think the "Right Side of History" crowd are bothered about such niceties. We wouldn't be funding and observing tribunals if TRAs and their allies had observed the law...

Snowypeaks · 13/05/2024 15:06

Thanks, GTITC
But is everybody on the list getting details of everybody else on the list? Isn't that the court sharing details? Details which I don't see why it needed to take in the first place.

GCITC · 13/05/2024 15:04

It's a sealed order, so the sharing of it is prohibited. It should not be found anywhere online.

I'm getting my 'I ❤️ Ben' banner ready as we speak.

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