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Feminism: Sex and gender discussions

Allison Bailey v Stonewall - Employment Tribunal hearing Thread 8

1000 replies

ickky · 19/05/2022 12:23

The Tribunal started on 25th April at 10am. If you would like to view online you need to send a request for access as early as possible.

Send an email to

[email protected]

The subject heading of the email request should read

“MEDIA OR PUBLIC ACCESS REQUEST – Case number 2202172/2020 - Ms A Bailey – 25th April 2022.

Then ask for the pin for the online access.

You will be contacted with instructions on how to observe the hearing.

When joining the live tribunal please choose a non inflammatory/offensive name, everyone can see it in the chat - This is a court room, please behave accordingly.

The court chat function is there for official court purposes, not for observers, please don't use it unless you have a technical issue.

On the first page underneath where you put your screen name, select the video and mic that are not crossed out (top option), this is the courts vid and mic.
On the next page select NONE on the drop down windows for vid and mic, these are your own video and mic.

You must be muted so as to not disturb the hearing.

There is also live tweeting from

twitter.com/tribunaltweets

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 would be a better abbreviation)
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 = any one of the three panel members (EJ and two lay members)

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

OP posts:
Thread gallery
10
NancyDrawed · 20/05/2022 12:50

MsMarvellous · 20/05/2022 12:47

When one barrister was booked for a hearing but can't get to it (say their existing trial overruns) so the other barrister picks it up.

Wasn't that BC's first introduction into this madness?

I seem to remember he took a case at short notice - may have been Maya's original ET with Judge Tayler. Or have I misremembered?

Ameanstreakamilewide · 20/05/2022 12:51

That's a full time job, as it turns out, @dworky ...and earning every penny of their fees, no doubt.

yourhairiswinterfire · 20/05/2022 12:51

Is it plausible that the reputational damage caused by GCC tweeting they were investigating her caused briefs to dry up of their own accord, independent of clerking? e.g. Solicitors or whoever knowing she was to be investigated so choosing not to request/pick her?

I'm not sure, GCC's tweets were near the end of 2019, mid October. Allison says the quality of work issues started early 2019.

I could be wrong, but I think Allison is alleging that her work took a hit because of her email at the end of 2018 objecting to the SW Diversity Champions scheme (the email that was referred to as ''dirty, transphobic laundry''.)

ChazsBrilliantAttitude · 20/05/2022 12:52

Am I the only disappointed that the Rowley Birkin QC defence wasn’t used

Lougle · 20/05/2022 12:52

Great, thank all.

I've just missed this last 5 minutes. I'm glad he's addressing the nuts and bolts of the decrease in work.

OP posts:
nauticant · 20/05/2022 12:54

Super!

NancyDrawed · 20/05/2022 12:55

Thanks ickky

nauticant · 20/05/2022 12:56

JR is now going to reexamine for 10 minutes.

User237845 · 20/05/2022 13:02

Thanks @nauticant

It'll be interesting to watch the different clerks' demeanours. Charlie certainly seems straightforward.

IdisagreeMrHochhauser · 20/05/2022 13:03

Is it sexist to say that I don't like JR's tone? Makes me think of some of the girls I was at school with. She's re-examining and still sounds condescending.

She is shouting over BC's objection.

chilling19 · 20/05/2022 13:03

Oooh, drama!

IDidntKnowItWasAParty · 20/05/2022 13:03

JR thinks this is LA Law!

chilling19 · 20/05/2022 13:03

Rhetorical flourish!

Lougle · 20/05/2022 13:04

JR is trying to sound calm and in control but she's actually incredibly stressed.

IdisagreeMrHochhauser · 20/05/2022 13:04

We need to draw a line now on the rhetorical flourishes at the end of re-examination.

JR is frantically trying to draw her emotions in having built them up. Also talking over the judge. Take a breath.

DelurkingLawyer · 20/05/2022 13:05

I have a huge amount of influence over who gets instructed as a more junior barrister on one of “my” cases. The solicitor will usually be guided by me because they expect me to know whose particular skills are most suitable for that case, and they also know that the working relationship is important.

But putting people forward as juniors is also subject to our professional obligations to ensure fair distribution of work opportunities. Increasingly I think it is difficult to justify putting forward one person only for any given opportunity, and I keep a paper trail of who I do put forward. It’s arguably most important to do so in this situation because it’s not funnelled through the clerks’ room, meaning that favouring or avoiding one person by another barrister is harder to monitor.

IDidntKnowItWasAParty · 20/05/2022 13:07

@ChazsBrilliantAttitude I have that one running through my head all the time, waiting for it to appear 😂

IDidntKnowItWasAParty · 20/05/2022 13:10

Lunch break

Lougle · 20/05/2022 13:16

A great time to start a new thread 😊

IdisagreeMrHochhauser · 20/05/2022 13:19

And here it is

Allison Bailey v Stonewall - Employment Tribunal hearing Thread 9 www.mumsnet.com/Talk/womens_rights/4553181-allison-bailey-v-stonewall-employment-tribunal-hearing-thread-9

vivariumvivariumsvivaria · 20/05/2022 13:28

Helleofabore · 19/05/2022 12:57

Of course, it must also be very sad for trans activists to hear barrister after barrister, witness after witness describing the complete lack of interest they have in these issues.

Even with all the specialised focused groups dealing with trans issues within organisations.

And that when organisations are making these tweets and statements, they are actually NOT doing it out of any interest in trans issues, they really are either virtue signalling for self promotion, or they are doing it out of fear to their reputation.

Even now. When these witnesses are facing discipline for their actions, these witnesses still don't seem to have much interest in the issues at all. Some could not even grasp the concepts even after supposed research.

This tribunal and Maya's has made this very clear.

There is a few very invested people, but the majority simply don't really care or engage enough to actively understand.

This really needs to be mentioned very regularly. No debate has failed them dismally.

So good I'm posting it twice.

TheBiologyStupid · 20/05/2022 13:34

InvisibleDragon · 20/05/2022 12:16

Her statement that is it patronising to women to say that they would be scared of speaking out is so revealing. She does not understand how structural discrimination works.

I think (speculating wildly here) this may actually be operating at the level of extreme cognitive dissonance. Subconsciously, she is aware that there are certain things that (to quote Mr Starmer) "should not be said." Therefore, in investigating complaints about Allison's tweets, only information that fitted her framework for what is acceptable appeared salient. Because paying too much attention to Allison's arguments might have led her to inadvertently agree with something inappropriate. It's all a bit "Watch the wall my darling as the Gentlemen go by."

At a second level, am I right in thinking that JK is herself, like Allison, a woman of colour from a working class background? I wonder whether, because of this, she was very invested in seeing her workplace as fair and meritocratic - because her future career success depends on her being treated fairly and not discriminated against based on her race or sex. When Allison started to raise concerns about her treatment at GCC, that could call all that into question - if she admitted Allison was being victimised, she would have to acknowledge that her organisation and colleagues were not fair or meritocratic. It would be far easier emotionally to blame Allison for not playing the game / being deliberately provocative than to admit that she could suffer the same fate if she stepped out of line.

Yes, you're right about JK's background. For some reason there's something about her that reminds me of Tracey Emin, but that's probably just me.

TheBiologyStupid · 20/05/2022 13:38

Datun · 20/05/2022 12:27

I wonder if the chambers will agree to a continuing relationship with Stonewall after this? I wonder whether or not they would be willing to have a public opinion about it even.

I suspect they would not want the public to know any of their internal discussions about whether to continue the relationship, or not. Or why.

The issue of people being concerned about going on record about any of this is absolutely massive. I'm so pissed off when people pretend it isn't.

I believe GC(C) left the SW Diversity Champions scheme during the pandemic to save money (well, like the EHRC, that's the excuse they gave...).

Feelingoktoday · 20/05/2022 14:06

SpindleInTheWind · 20/05/2022 09:18

Re BC QC. Maybe it shows how hostile the landscape has become for women when women end up feeling grateful for a barrister who hasn't been captured by Stonewall and knows the actual law.

Because many lawyers have been captured - including judges.

This!!!!

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