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 wish we could all pop over to Allison’s this morning to provide massive group support, whatever the outcome she deserves a bloody big hug.

twitter.com/MForstater/status/1552177991169572864?s=20&t=1f6JLA4gRKMu33wRgqtosA

This is a helpful summary from Maya

IANAL but this summarises what I think is most likely too.

However win or lose, public perception of gender ideology in general and Stonewall in particular is shifting in no small part thanks to Allison. And I can’t imagine the behaviour of some/many of the witnesses in what their evidence says about groupthink can go unremarked upon, so I expect there to be some pertinent points made in the judgement regardless of the overall outcome.

Thank you from me too Allison. Whatever happens, you’re a women’s rights shero.

Shamelessly place marking. Best of luck Allison. You are incredible and regardless of outcome should hold your head high for the good you have done by bringing this shameful stonewall into the public eye.

Thank you Allison, for your bravery for us all. Thank you.

Thank you too, to all the legal brains and the extremely clear and intelligent commentary throughout the many threads. Such a sharp contrast to what was coming from the other side! Thanks for managing all the threads, ickky - this account is extremely important and will prove to be historically significant.

Agree what @totalnamechanger said.
Not busy at work today so nervously awaiting the news.
So glad to have supported Allison in this eye opening case.

Good luck Allison. No matter what the outcome, you can hold your head high. And as others have said, I gladly contributed and would do it again in a heartbeat.

Complete derail but for those with time to spare who are sitting at their computers refreshing threads and twitter every five minutes awaiting news, take a look at this FOI to see how Stonewall has embedded its policies via the Rainbow Badge scheme which is funded by NHS England ()220k this financial year, £70k last fy) and run by the LGBT foundation with support from stonewall and others.

https://www.whatdotheyknow.com/request/rainbowbadgeeaccreditation25

That's very useful from Maya, thank you.

While I'm a bit perturbed by the quick turnaround of the judgement, I have hope that this is a strand Allison has a good chance with:

1. Victimisation by GCC (did they subject her to detriments after she did a series of protected acts?)

That's because of the absolute horlicks of the 'investigation' including the deeply stupid tweet about it.

The other strands are so bloody hard to prove. I'd love to see robust criticism of Stonewall's role though, whichever way it goes, and something about the dangers of capture for a Chambers.

The tweet and GCC refusing to take it down were appalling.

I would like to add thst employers are less likely to take an aggressive approach when managing these conflicts moving foward.

Particularly when they know that employees can successfully crowdfund leading to reputational damage and a situation where the employee is less likely to settle.

No matter the outcome, Allison should be proud of all she has achieved.

Agree. I'm crossing everything for Allison, but the TRAs won't be able to crow that a negative result means that manifestation of gender critical beliefs isn't protected (though I'm sure they'll try because comforting fictions are everything to them). We know from Maya's EAT that (depending on the circumstances) it is. All that would show is that it's always going to depend on the individual facts and circumstances of each case.

Their reactions are immaterial. Every time anything happens they apply a different standard in order to be ‘right’. The belief isn’t protected. Okay, it’s protected as long as you don’t say it. Okay, it’s protected as long as you don’t say it in public. Okay, it’s protected as long as you don’t say it in public on the second Wednesday of the month wearing a striped beanie hat and a pair of bright orange Speedos. They’re irrational. Whatever happens, ignore them!

Yes, that's best.

But whatever happens surely it is apparent that AB was victimised by Stonewall.

If she cannot get redress in an employment tribunal, where can that be rectified?

Should it be allowed to happen with impunity? What if Stonewall contact my employers? Whatever the outcome, should a publicly funded charity be able to do that?

argh

why isn’t it 1200 yet?

Bloody good question. What would the civil action route be? Defamation? Harassment (injunctions)?

As others have said, whatever the outcome Allison Bailey is a fearless champion of women's rights; an icon and an inspiration.

My daughters (previously rainbow allies) have followed her case with disbelief and outrage. Her courage has enabled them to find their own. Allison's name, like Maya's, will take its place on the roll of honour of those who put their own mental wellbeing on the line to fight for the best interests of all women and girls, now and in the future. (Even those who sneer, deride and try to shame them.)

I agree with all this.

I am grateful for Allison's bravery in bringing this case, and glad I was able to make my own tiny contribution via the crowdfunding.

Fingers crossed here as well. Allison's bravery and perseverance has been outstanding and like the pp above, I made my own minor contribution via the crowdfunding to echo my support for the stance she has taken.

I'm hoping a quick judgement is more about putting in loads of time to clear things before holidays in August than anything else. Surely better to sort it whilst still fresh in the judges' minds than let it delay.

It was worth it to women to learn

• what Kirrin Medcalf has been promoting through a Stonewall position


• Cathryn McGahey's (then Vice Chair of Ethics for Bar Standards) thinking on equivalences of racism and lesbian preferences


• the plethora of revealed attitudes and perspectives.

WHY IS TIME GOING SO SLOWLY?

It's the end of July. I'm sure EJ wants to go on her holiday, and is planning an early start to avoid queues at the channel ports. That's the reason for haste.

I hope EJ and her cat have a lovely holiday. And Martin Reuby as well.

And I am sitting here biting my fingers.