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Feminism: Sex and gender discussions

Are Garden Court not going to appeal Allison's judgement?

11 replies

slenderwoman · 09/09/2022 19:39

Vaguely recall something about them having 42 days to appeal and I think we are outside of that now?

OP posts:
PriOn1 · 10/09/2022 03:46

I don’t know the details, but I should imagine they’ll have been relieved that they only had to pay out a small sum of money and wouldn’t want to risk being made to pay more if they go back to court.

Igmum · 10/09/2022 06:21

I suspect it's not the money awarded, it's the bad press. I gather that plenty of London lawyers and judges watched the tribunal. GCC came across as ridiculously bad: Heads of Chambers too preoccupied to do a decent job, AB's room mate spying on her, failing to understand the law, failing to apply consistent sanctions to staff. They are not going to want to do that again.

Seemslikeaniceday · 10/09/2022 09:43

I think you are correct with 42 days. The problem for GCC is the limited ground on which they can appeal:

You can appeal to the Employment Appeal Tribunal (EAT) if you think a legal mistake was made in an employment tribunal case.

For example, you could appeal if it:

  • got the law wrong
  • did not apply the correct law
  • did not follow the correct procedures and this affected the decision
  • had no evidence to support its decision
  • was unfairly biased towards the other party

I think they will struggle to make a case for appeal.

julieyeah · 10/09/2022 10:15

PriOn1 · 10/09/2022 03:46

I don’t know the details, but I should imagine they’ll have been relieved that they only had to pay out a small sum of money and wouldn’t want to risk being made to pay more if they go back to court.

This.

It's not worth the bother, she won a small amount of money from them because of an ill-timed tweet which they can't deny but lost on the important points.

Ereshkigalangcleg · 10/09/2022 11:00

We're all very happy to have it once more reinforced that gender critical people must be treated equally in the workplace, and that manifestations of gender critical beliefs can be protected acts under the Equality Act, ie it was illegal for Garden Court Chambers to take action against Allison Bailey based on her comments about the Cotton Ceiling or Stonewall.

Like Maya Forstaterr^, Allison Bailey successfully argued that she suffered discrimination for holding the core “gender-critical belief” that sex is real and observable and that gender is a subjective identity. The new element in this case was that she suffered discrimination for the particular belief that Stonewall’s campaigning, based on the doctrine that “trans women are women”, is sexist and homophobic and is driving forward the erosion of women’s rights, access to single-sex spaces and lesbian identity.

sex-matters.org/posts/updates/employers-must-reconsider-their-policies-and-relationship-with-stonewall-after-allison-baileys-victory/

shinydancers · 10/09/2022 16:27

So we are outside the 42 days yes? So the ruling won't be overturned?

KatVonlabonk · 10/09/2022 17:24

I know someone in GC and privately he's admitted they fucked up. He was seething with rage PRIOR to the case, so his apparent turn around was interesting.

I think they'll leave it now.

Seemslikeaniceday · 10/09/2022 18:56

@KatVonlabonk i can imagine. it’s only with the transparency of the ET did Allison’s point of view get sunlight in GCC.

shinydancers · 10/09/2022 20:58

KatVonlabonk · 10/09/2022 17:24

I know someone in GC and privately he's admitted they fucked up. He was seething with rage PRIOR to the case, so his apparent turn around was interesting.

I think they'll leave it now.

That's interesting. The hostile GC barrister with pinworms up his arse was reposting a thread on his twitter about sex by deception the other day (in favour of it not being a crime to deceive a sexual partner about your sex, I guess) so it doesn't seem like he's changed his mind. I guess the die hard TRAs never do.

InsertPunHere · 11/09/2022 11:17

Surely it would be shooting themselve in the foot to bring yet more public attention to this? They came off looking incompetent, unprofessional and petty. Doubling down would be so much worse.

SidewaysOtter · 11/09/2022 15:45

Not only the bad press generally but they made themselves look like idiots - who can forget a bundle a five year old could have compiled more effectively, and an endless bingo card of “It was 3am/I was on holiday/I backed into a bin”?

I doubt they’re going to want a second round of that sort of reputational torpedoing.

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