Allison Bailey v Stonewall - Employment Tribunal hearing Thread 10

[ickky]

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

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

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)

To come?
David Renton - barrister at GCC (20 May, to continue on 25th May)
Stephanie Harrison - joint head of chambers
Michelle Brewer - barrister at GCC at time, now left and a judge.
David de Menezes - GCC, Head of Marketing

Who is being cross-examined this afternoon?

Stephen Clark and Liz Davies

I'm finding it very hard to believe that emails received at an inconvenient time (Friday evening, middle of the night, just before Christmas) cannot be reviewed at a more convenient time and given the attention they deserve.

But they are busy and travelling all the time - and no one else ever has to manage things while being busy and travelling

Can you imagine the Venn diagram with the miniscule overlap of when they pay attention to an email.

Am I right in thinking that Liz Davis supported AB but then withdrew her support? I seem to remember someone saying that.

So true @Pyjamagame

😁

MW finished and break until 3 pm

That sort of laissez faire attitude to emails wouldn't fly where i work.

No one is expecting you to leap into action at 1:38am, but you will be in the office again at some point to deal with it properly. Surely??

Bit disappointed so far that this case's excuses haven't reached the dizzying heights of "that phone was accidentally dropped into the North sea" a la the Wagatha Christie one

JR looking very happy and laughing when they camera was moved.

They’re acting as if they are responding to snapchats, not emails.
the email will still be there on Monday morning where you can then pay a bit more time and attention to it

I'm really interested in its first usage in the wild - was in on Twitter or elsewhere, @nauticant? Thanking you nicely.

Damn, do they have two more witnesses to get through before 4.30? I am a bit invested in the subplot of the EJ's race against time. I hope she manages to fit all the witnesses in, against all odds.

It's starting to look distinctly iffy in terms of timing, isn't it? I assume closing submissions will take up all of friday, so we only have three days left for witnesses.

Next witness:
Stephen Clark - barrister at Garden Court Chambers
www.gardencourtchambers.co.uk/barristers/stephen-clark
"Stephen specialises in complex, multi-disciplinary work which draws on the full range of his flourishing practice and with recent successes in the Supreme Court, Court of Appeal and the European Court of Human Rights. He works across a broad spectrum of practice areas from judicial review, immigration and asylum, inquests, actions against state authorities, prison law and community care.
Stephen has considerable experience dealing with cases involving mental capacity and complex, interlocking physical and mental health conditions ranging from Emotionally Unstable Personality Disorder, Autistic Spectrum Disorder, Post-Traumatic Stress Disorder, severe neurodisability and neurodegenerative conditions. He is able to cut through the factual and legal complexity to get to the heart of the issues and secure the best result for his client. Alongside his litigation experience, he is the author of The Reform of Civil Justice with Sir Rupert Jackson and able to help with complex civil procedure and costs issues.
Before commencing pupillage, Stephen spent a number of years working for a range of non-governmental organisations and courts.
Immediately before commencing pupillage, Stephen worked as a judicial assistant to Lord Justice Jackson and Lord Justice Burnett. He gained experience across the Civil and Criminal Divisions of the Court of Appeal, as well as the Divisional Court. While there, he was able to observe cases dealing with Shaken Baby Syndrome, covert surveillance, the deportation regime, national security, extradition, removals under the Dublin Regime, Article 2 inquests and balancing open justice, privacy and freedom of expression.
After his LLM, Stephen worked for the charity JUSTICE. He assisted the team in challenging the imposition of the criminal courts charge, briefing parliamentarians on the new civil orders in the Modern Slavery Bill.
Stephen has worked at the European Court of Human Rights in Strasbourg for the Head of the UK's Legal Division. While there, he worked on diverse issues of human rights law ranging from the retention and deletion of historic criminal records, the compatibility of whole life orders with Article 3 and Article 1 jurisdiction over extra-territorial State activity.
He returned to the UK to work at the AIRE Centre for Matthew Evans and Nuala Mole, combining providing front line legal assistance to EEA nationals with drafting third party interventions before domestic and international courts. Stephen also worked at the Inter-American Court of Human Rights as a visiting professional."

PROFESSIONAL MEMBERSHIPS INCLUDE:
-Human Rights Lawyers Association (HRLA) [who ran meetings hosted by GCC on GRA reform in Oct 2017 ('Progress and Challenges in Advancing Equality for Trans People in the UK) and July 2019 ('Gender Recognition and Human Rights: Reforms to the Gender Recognition Act 2004')]
-Trans Equality Legal Initiative (TELI)

"He is unflappable. He seems to have two brains and is outrageously intelligent."
-CHAMBERS UK, 2022 (CIVIL LIBERTIES & HUMAN RIGHTS, UP AND COMING)
“Epitomises a number of key qualities at the Bar: fearlessness, mastery of detail and an ability to identify the essence of a legal issue and presentation skills that seem effortless, undoubtedly as his preparation is so extensive and targeted”
-SOLICITOR CLIENT
“A firecracker”
-LAY CLIENT

> I am a bit invested in the subplot of the EJ's race against time.

I remember the tagline for Speed was

"Get Ready for Rush Hour"

I've followed very intermittently. Which key witnesses are still to go, and is there an anxiety that any of them will be timed out?

"He is unflappable. He seems to have two brains and is outrageously intelligent."

A bold claim, when facing BC!

I'm totally astounded they don't have professional standards. For some issues, I / the company I work for have 24 or 48 hour deadlines for responding to emails (usually longer over the weekend). And I'm a lowly paid worker, not a barrister.

If someone's ill / on holiday then someone else has to respond to those emails within 24 / 48 hours. Something as important as a complaint definitely would fall within one of the emails requiring some time limited response. They're saying they're getting a reputational 'hammering' for this complaint so should surely require some kind of standard about how quickly senior barristers should respond to emails?

It's not credible that they simultaneously took the potential reputational damage so seriously and at the same time didn't reply or pay proper attention to emails.

Chaos ensues 😂

JR not wearing her 'lucky jacket' today...i'm disappointed.

He is unflappable. He seems to have two brains and is outrageously intelligent.

Oh really? Let's see how long it takes BC to reduce him to a jibbering wreck shall we?

I can only see IO and RMW