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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
MyPearlViper · 09/05/2024 16:40

Just want to apologise to Ickky and anyone else, I shouldn't have made that accusation about derailing. Sorry.

GoodHeavens99 · 09/05/2024 16:14

I've just emailed back and forth with the clerk.

They're being very thorough!

Was it the LGBA vs Mermaids hearing where the Judge also wanted names and addresses of the observers?

MyLadyDisdainlsYetLiving · 09/05/2024 14:55

SidewaysOtter · 09/05/2024 14:46

I haven't had an email from Allison, will the details posted originally still work or will my request for a link be rejected because I won't be either on Allison's or Stonewall's list?

Not a scooby.

We’ve no idea if more people requesting remote observation will help or hinder overall because we’re only guessing at the reasons it may be restricted. We’ll find out next week.

ickky · 09/05/2024 14:49

No idea.

OP posts:
SidewaysOtter · 09/05/2024 14:46

I haven't had an email from Allison, will the details posted originally still work or will my request for a link be rejected because I won't be either on Allison's or Stonewall's list?

MyLadyDisdainlsYetLiving · 09/05/2024 14:36

@ickky you posted in good faith on a matter of open justice using publicly available information.

If I was a betting woman I’d say that the simplest explanation was that the courts are expecting that a larger than normal number of people would request remote access based on the numbers attending the original hearing. And the courts don’t have the staff to manage it, as discussed up thread, perhaps because they think this higher profile case would mean an increase risk of disrupters.

So Allison and Stonewall have probably been asked for names of people they want to observe and why, and if numbers are limited perhaps they will be taken into consideration when the judge decides who to admit, if anyone.

GCITC · 09/05/2024 14:10

Employment appeals are listed here. It is updated every Friday with the following weeks schedule.

I do hope remote viewing is allowed. It is a matter of open justice, but glad to hear that TT will be there in person to report if not.

employmentappeals.decisions.tribunals.gov.uk/public/causelist.aspx

ickky · 09/05/2024 13:56

MyLadyDisdainlsYetLiving · 09/05/2024 13:51

After saying that it wasn’t agreed yet that there would be any remote observation at all, she initially asked that anyone who did want to observe to contact her, and then those that did were provided with instructions on how to make that request. And at the end of those instructions was the request that @MyPearlViper said - not to pass on the instructions to anyone else or to encourage anyone else to apply.

i didn’t get the impression she doesn’t want observers, the opposite actually. But there appears to be difficulties somewhere in the process, whether technical or objections from other parties we just don’t know.

Edited

I will ask MNHQ to delete the details to request remote viewing then, I looked on Court serve, but they only list the normal employment tribunals, not the employment appeal tribunals. So I googled and found this site.

https://www.judiciary.uk/courts-and-tribunals/tribunals/employment-appeal-tribunal/

and I emailed the London one to see if they had the details.

Employment Appeal Tribunal - Courts and Tribunals Judiciary

An independent tribunal which determines legal disputes relating to employment law throughout Great Britain.

https://www.judiciary.uk/courts-and-tribunals/tribunals/employment-appeal-tribunal

OP posts:
MyLadyDisdainlsYetLiving · 09/05/2024 13:51

ickky · 09/05/2024 13:44

I didn't receive an email from Allison, if I'd known she didn't want remote viewers, I wouldn't have put the details up.

What did she say in the email with regard to viewers?

Edited

After saying that it wasn’t agreed yet that there would be any remote observation at all, she initially asked that anyone who did want to observe to contact her, and then those that did were provided with instructions on how to make that request. And at the end of those instructions was the request that @MyPearlViper said - not to pass on the instructions to anyone else or to encourage anyone else to apply.

i didn’t get the impression she doesn’t want observers, the opposite actually. But there appears to be difficulties somewhere in the process, whether technical or objections from other parties we just don’t know.

GoodHeavens99 · 09/05/2024 13:50

ickky · 09/05/2024 13:44

I didn't receive an email from Allison, if I'd known she didn't want remote viewers, I wouldn't have put the details up.

What did she say in the email with regard to viewers?

Edited

I received that email from Allison as well.

But, her hearing isn't listed on CourtServe at all next week.

So, i'm a bit confused.

ickky · 09/05/2024 13:44

I didn't receive an email from Allison, if I'd known she didn't want remote viewers, I wouldn't have put the details up.

What did she say in the email with regard to viewers?

OP posts:
MyLadyDisdainlsYetLiving · 09/05/2024 12:14

Hope Iccky isnt a plant trying to derail things

I’m pretty sure Iccky has enough posting history on this topic to show she’s genuine. I would hope she’s not deliberately disregarding Allison’s email (if she received it that is) and found out the details by contacting the court directly, as she has done previously.

MyPearlViper · 09/05/2024 12:00

The last sentence of my email from Allison says:

Finally, please don’t share this with anyone else or invite them to send their own email in.

I didn't post the details here or anywhere else as she had asked me not to. Hope Iccky isnt a plant trying to derail things

SidewaysOtter · 09/05/2024 10:45

Link requested, thank you @ickky

LipbalmOrKnickers · 09/05/2024 08:35

Thanks so much for the guidance @ickky , have requested access.

JustSpeculation · 09/05/2024 06:47

Surely it must be a different judge. How can a tribunal hear an appeal against its own decision?

ickky · 08/05/2024 21:16

Yes I think it will be a different Judge.

OP posts:
MyLadyDisdainlsYetLiving · 08/05/2024 19:03

that reminds me, do appeals have different judges to the original hearing? No return of EJ Goodman and her cat?

GCITC · 08/05/2024 18:53

I'm sure we could get a rota of terven clerks sorted. Bring your own support animal.

ickky · 08/05/2024 18:45

There were about 200 observers at Allison's ET at one point. It is not a capacity problem. It must be a clerk problem, as you say @GCITC

OP posts:
MyLadyDisdainlsYetLiving · 08/05/2024 18:14

My personal opinion is that it's not the system that struggles but the clarks, with the extra amount of work it creates

I agree, for the high profile cases they need a full time online clerk to manage the users, much like they have ushers for busy courts. Wasn’t it Allison’s original hearing where some observers were using the chat facility inappropriately? And who can forget EJ Young forlornly calling out to “Justin?” and his somewhat grumpy “if you’re not in at the start of the season, forget it” in the Phoenix hearing.

MyLadyDisdainlsYetLiving · 08/05/2024 18:08

Signalbox · 08/05/2024 17:47

I wonder if they can only accept so many into the live link and they are trying to reduce the number of applicants.

Allison sent out an update to her supporters yesterday regarding her appeal. She said that it was not certain that remote observation would be granted by the court at all. She also said that tribunaltweets would hopefully be there in person if not remotely, but again they will have to apply for and be granted permission to do live reporting.

I interpret her general tone as “fingers crossed but don’t bank on it”.

The important part is that she said apart from that “my legal team and I are raring to go, and we are ready.“. Go Allison!

GCITC · 08/05/2024 18:00

Signalbox · 08/05/2024 17:47

I wonder if they can only accept so many into the live link and they are trying to reduce the number of applicants.

The last tribunal I watched remotely only gave out 50 links if I remember correctly, saying the system couldn't cope with more remote viewers.

My personal opinion is that it's not the system that struggles but the clarks, with the extra amount of work it creates.

Signalbox · 08/05/2024 17:47

I wonder if they can only accept so many into the live link and they are trying to reduce the number of applicants.

borntobequiet · 08/05/2024 16:46

As an aside there is also another case at tribunal whilst Allison's is ongoing.

Thank you for this - have gardened.