Allison Bailey v Stonewall - Employment Appeal Tribunal hearing Thread 19

[ickky]

Allison Bailey has tweeted her intention to appeal the Stonewall decision.

twitter.com/BluskyeAllison/status/1572133035335716865

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

tribunaltweets.substack.com/p/allison-bailey-vs-stonewall-and-garden

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
Thread 18 www.mumsnet.com/talk/womens_rights/4574654-allison-bailey-v-stonewall-employment-tribunal-hearing-thread-18

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

The Reserved Judgement (forth one down)

www.gov.uk/employment-tribunal-decisions/ms-a-bailey-v-stonewall-equality-ltd-and-others-2202172-slash-2020

IO revisiting/revising something she said yesterday...

Isn't she shooting herself in the foot? If cause requires no mental element then Stonewall caused the discriminatory action?

She gets a job at Stonewall!

It's a shame that she isn't going to say 'gender critical', today, cos i like the way she says it!

I've never seen game of thrones, I think of Monsters Inc when I hear the word banish

I am here for the Judge's analogies.

Having read BC's skeleton now it's much clearer when IO is clutching.

Help me out here, surely Stonewall as a corporate entity is what is on trial not Kirrin Medcalf and so however GCC acted was on the basis of their relationship with Stonewall and not what KM knew about that relationship. The complaint was signed by KM on behalf of Stonewall. What was in KM's head surely shouldn't matter. Sending the letter had been authorised by the manager.

The Judge slowly reading out 'that' from KM email is quite something!

I would read that as sack them or we cannot continue to associate with you.

IO really reaching here to try and sever the chain of causation in what was reasonably foreseeable as a result of the complaint by KM. The Judge has immediately challenged her on it and said the outcome was one of several which were reasonably foreseeable.

Agree, from my recollection he had delayed sending letter until it had been approved by his manager. He wrote announcing himself as Stonewall trans -inclusion whatever (so clearly acting in his capacity as an employee and official representative of Stonewall.) GC took the complaint further & investigated specifically because of who it had come from. Maya Sikand was aware of the Diversity Champion connection even if Kirrin Medcalf at the time was not (and surely his manager would have been anyway.)

What advocate's hat does Kirrin Medcalf wear?? 🤷🏻‍♀️

One bristling with indignation and dog agility medals.

Can I ask, is KM there in person?

I think that i5 is quite obvious that KM did know that GCC were Stonewalled. If they had not the complaint would have needed a lot more introductory explanations. They knew that GCC were supposedly onside. It seems highl6 unlikely that they would write to random law firms. I think that a lot of the confusion has arisen because the Tribunal were anxious about upsetting someone so clearly signposted as vulnerable, so nobody drilled down.

A magic hat which mysteriously turns KM into whatever KM (or KM's lawyer) wants to be. It has remarkable retrospective powers. 'Tis truly a wondrous thing.

Sweet summer child, the room would not be big enough.

It’s glittery, obvs. It also has a variety of gender flags flapping from the top of it.

A public flogging as a warning to others?

We can see the door and I haven’t yet seen an entourage of support people/animals and a supply of blankets/soft toys/snacks coming in.

KM doesn't work for SW anymore, and even if they did, they wouldn't attend that courtroom without a gun to their head.

Spot on, Ben.

If it was any other protected characteristic (belief-wise), would they be there splitting hairs about it?

"Kirrin MedcalfThey/He

Kirrin is a queer, trans and neurodiverse person currently living in London with their assistance dog in-training Nettle. Kirrin has previously worked in LGBTQIA+ advocacy and trans rights organising, having worked with Galop, Gendered Intelligence, Stonewall, Bar Woteva, and GIRES. They are currently working on two projects. The first focuses on exploring and improving trans, intersex and gender diverse peoples experiences of end-of-life care and after-death services. The second is a group for trans people with dogs to access free dog training. He currently works as the Head of Facilitation at NEON where he designs and runs training programmes teaching people how to facilitate using anti-oppressive methods. In Kirrin & Nettle’s free time they compete in the sport of canine agility, and are learning how to be a human remains detection team to help reunite remains with the friends and family searching for them."

Presumably any remains that might be found would be immediately identifiable as to, you know, biological sex.

The second is a group for trans people with dogs to access free dog training.

Eh? Why?