Allison Bailey v Stonewall - Employment Tribunal hearing Thread 12

[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

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

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)
Marc Willers - Barrister at GCC (23 May)
Stephen Clark - Barrister at GCC (23 May)
Liz Davies - Barrister at GCC (23 May)
Katherine McGahy (24 May)
Tom Wainwright - Barrister at GCC (24 May)

To come:

Colin Cook - clerk at GCC (24 May)
David de Menezes - GCC, Head of Marketing
David Renton - barrister at GCC (20 May, to continue on 25th May)
Kathryn Cronin - barrister at GCC
Stephanie Harrison - joint head of chambers
Michelle Brewer - barrister at GCC at time, now left and a judge.

Are they actually going to get to MB or could they run out of time?

I just don't see how it can be proven without a smoking gun and there isn't one. Don't get me wrong I'm sure there probably was at least unconscious bias against Allison because of all that was going on, but that's not enough is it?

If they had been using their database, presumably he'd have been able to generate monthly reports showing all briefs obtained and offered. Together with a rolling year history. He'd have seen whether or not there was a clerking issue with AB. Sadly, it seems they weren't.
Personally I think in the absence of using the system brought in to give transparency on this, I think GCC should be clobbered and the assumption made she was discriminated against.

MB is due for 3 hours tomorrow but they have DR and DDM to do first.

They've got 2 days left.

CC didn't see any inadequate clerking - "none whatsoever" - yet her referrals dropped off a cliff. Is CC telling us he's not a very good clerking manager?

QC fight. Fight fight fight.

Thanks

I'm losing the will to live but it's a fundamental part of GCC's defence to defeat detriment 1 and this is exactly what AH is doing here, making a massive meal over the incomplete case made by AB for detriment 1.

I suspect that BC is lukewarm over detriment 1 and has been from the start.

🥊🥊

"Personally I think in the absence of using the system brought in to give transparency on this, I think GCC should be clobbered and the assumption made she was discriminated against."

I agree with this.

I agree BC knows detriment 1 is the weakest part of the case.

I lose the will to live every time AH starts 😁

I feel that way every time JR opens her mouth.

Yes, me too.

If you as a chambers choose not to use the software brought in specific to tackle discrimination against women that says something about your thoughts on equality for women really.

2 mins to spare!

Through this I have been assuming that the reason the proceedings have to finish on Friday is that that has been the time allotted and ET have another case starting on Mon. Does the amount of time lost on the bundle issues and endless technical issues have no bearing on it - i.e. there's no possibility of (in the spirit of the witness statements) going in to 'extra time'?

It doesn't seem fair that the claimant's right to a fair hearing is impeded by matters beyond her control.

Does anyone else remember 2019 being a year the police stopped charging??

He is making a meal over it, but I think he's filling in gaps he isn't intending to. CC failed to see anything happening as her work dipped in quality & quantity. He might has pushed back hard on the conspiracy aspect implied, but he's done nothing to refute the fact that someone under his management was responsible for the quality & quantity of work offered & he failed to even notice.

Same! 😁

I just don't see how it can be proven without a smoking gun and there isn't one.

In this sort of tribunal it does not need to be proven beyond reasonable doubt. We just need the balance of probabilities.

The judge just needs to conclude that Allison's account is more likely than the defendants'.

If an employer doesn't want to fall foul of a potential miscarriage of justice with such a relatively low burden of proof, it's up to them to have adequate defence in the form of record-keeping.

AH - MB cannot attend on Thursday.

Yay. MB after DR tomorrow.

Nooooo! I can do Thursday but absolutely can't do tomorrow. Crap