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

Thanks @ickky

Reading Allison's email she seemed concerned that remote access may not be allowed? Given the dire performance of Stonewall's witnesses in the last case that exposed them to considerable derision, there's little doubt that Stonewall will be arguing strongly to keep this hidden from democratic scrutiny.

I don't know why we have to give a reason for wanting to observe, never had to do that in the other ET's.

I would just say it’s a matter of public interest.

Thanks Ickky. I had a look yesterday on all the press lists and couldn't see it listed.

I expect next year we will have to provide a DNA sample too. 🙄

Thank you Ickky x

I couldn't find it either, I took a chance and emailed the London EAT. I didn't have the case number, just said the participants and the dates.

Luckily it was the right one. 😀

I've said that I should be allowed to view as I have in part funded this case and in order to achieve open justice courts should be accessible as possible.

As an aside there is also another case at tribunal whilst Allison's is ongoing.

Starts on 13th May for 2 weeks.

Email address: [email protected]

Email header:

MEDIA OR PUBLIC ACCESS REQUEST - Mrs L Amidon v Tavistock and Portman NHS Foundation Trust, 13/5/24

If you search for "Whistleblowing and Safeguarding Concerns at the Tavistock and Portman by Dr Lynne Amidon" her garden should pop up.

Section 29 of the guidance is interesting, saying that only people named and approved by the judge may observe remotely. Was that in place last time, I can’t remember. I presume it is to provide accountability in the (hopefully unlikely) event of someone trying to disrupt proceedings or make them public. Given that it could be contempt of court to do so.

As an aside there is also another case at tribunal whilst Allison's is ongoing.

Thank you for this - have gardened.

I wonder if they can only accept so many into the live link and they are trying to reduce the number of applicants.

The last tribunal I watched remotely only gave out 50 links if I remember correctly, saying the system couldn't cope with more remote viewers.

My personal opinion is that it's not the system that struggles but the clarks, with the extra amount of work it creates.

Allison sent out an update to her supporters yesterday regarding her appeal. She said that it was not certain that remote observation would be granted by the court at all. She also said that tribunaltweets would hopefully be there in person if not remotely, but again they will have to apply for and be granted permission to do live reporting.

I interpret her general tone as “fingers crossed but don’t bank on it”.

The important part is that she said apart from that “my legal team and I are raring to go, and we are ready.“. Go Allison!

My personal opinion is that it's not the system that struggles but the clarks, with the extra amount of work it creates

I agree, for the high profile cases they need a full time online clerk to manage the users, much like they have ushers for busy courts. Wasn’t it Allison’s original hearing where some observers were using the chat facility inappropriately? And who can forget EJ Young forlornly calling out to “Justin?” and his somewhat grumpy “if you’re not in at the start of the season, forget it” in the Phoenix hearing.

There were about 200 observers at Allison's ET at one point. It is not a capacity problem. It must be a clerk problem, as you say @GCITC

I'm sure we could get a rota of terven clerks sorted. Bring your own support animal.

that reminds me, do appeals have different judges to the original hearing? No return of EJ Goodman and her cat?

Yes I think it will be a different Judge.

Surely it must be a different judge. How can a tribunal hear an appeal against its own decision?

Thanks so much for the guidance @ickky , have requested access.

Link requested, thank you @ickky