Allison Bailey v Stonewall - Employment Tribunal hearing Thread 18

[ickky]

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

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

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

I am so relieved and very grateful to Allison and her team xx

👏👏👏👏👏👏👏👏👏👏 well done Allison! This is such great news 😁😁😁😁

Wouldn't that be great?

"you gave us incorrect legal advice and we ended up in court because of it and paying damages so now we are going to sue you"

I'd almost contribute to that Crowdfunder 😂

Am I right in thinking that Allison had to go after SW (and probably lose that one) as well as GCC, in order to cut off the GCC defence that 'it's all Stonewall's fault, we're just a hapless client'?

Allison had to show GCC's willing absorption of SW ideas; and unpick, by suing SW as well, exactly what those barmy, dangerous ideas really are.

Fucking well done Allison!

Absolutely delighted for you, Allison, and for your team.

I did not win everything but I won enough

absolutely! Brava to you Allison!

It is gutting that Stonewall are not being held to account for inducing GCC to discriminate against Allison, but as others have said, it is extremely encouraging that it will now mean that organisations will need to think twice before blindly following Stonewall’s illegal guidance.

or they could not do that, and enjoy the resulting employment tribunals…

Another L for the intrepid legal eagle late of this parish awks.

Stonewall statement

"We are pleased that the Employment Tribunal has ruled in a decision published today that Stonewall has NOT been found to have instructed, caused or induced Garden Court Chambers to discriminate against Allison Bailey.
Our Diversity Champions programme supports employers to make their workplaces inclusive and supportive of LGBTQ+ employees. It provides resources, guidance and support for organisations who are committed to creating a workplace where everyone can thrive. We are incredibly proud of the inclusive communities these organisations are creating across the country, by going above and beyond the legal minimum to provide leading support for LGBTQ+ people at work.
The case heard by the Employment Tribunal did not accurately reflect our intentions and our influence on organisations. Leaders within organisations are responsible for the organisational culture and the behaviour of their employees and workers. Stonewall’s resources, support and guidance is just one set of inputs they use to help them as they consider how best to meet the needs of their own organisation.
We are proud to work every day for the freedom, equity and potential of every LGBTQ+ person, whether that’s fighting for LGBTQ+ Afghans to be resettled in the UK, campaigning so that lesbian and bi women can access IVF without paying £25,000 out of their own pockets, or securing a ban on conversion practices that protect all LGBTQ+ people from lifelong harm."

It's quite good in a way that she didn't win against Stonewall. Puts the responsibility firmly on the employer which you would think would concentrate the minds in HR depts around the country.

That is brilliant.

It appears that Stonewall can go on spouting their sexist, misogynistic, reality denying claptrap, and gushing about transing two-year-olds, but any company who lays a finger on women who complain are in deep trouble.

Probably:

Literal violence
wrong side of history
We will appeal

Not just damages, aggravated damages.

What does that actually mean?

My legal knowledge comes entirely from HTGAWM 🤣

confident we're on the right side of history
to create an inclusive safe environment we'll tell who who to shun and punish (oh wait no, they probably won't say that second one out loud will they?)

Congratulations Allison, and thank you ickky and Tribunal Tweets 🎉

www.judiciary.uk/judgments/bailey-v-stonewall-garden-court-chambers-and-others/

You know, I'd put some money towards that…but I'd also like to see some repentance or reflection from a number of the barristers who gave evidence.

That evidence should be free of the phrases, Christmas shopping, Friday afternoon, 1 a.m., driving, children etc.

*you who to...

Stonewall statement

TDLR: Our advice was fine. GCC did not apply it properly.

Agree @Mollyollydolly

It's quite good in a way that she didn't win against Stonewall. Puts the responsibility firmly on the employer which you would think would concentrate the minds in HR depts around the country.

Quite

Fantastic news. Well done Allison. What about other organisations like Inclusive Employers who share the same rubbish and run training sessions for employers. How will they react?

That Stonewall statement needs to add "and you could be sued if you listen to us" at the end

Wiggle wiggle wiggle.

Look over there!!!!!

And... breathe.

I can’t seem to find Garden Court’s press release in which they offer a grovelling apology to Allison and accept the many errors of their ways. They must have published one, right?! 🤔