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

I've previously done some gardening and sat through the heady days of support wrens and other animals.

I'm not able to attend in person nor dial in in full, but I would be interested.

I think I will rely on you fabulous people for the highlights.

Placemarking.

Go Alison!

I forgot there was more still to go on this one, I donated previously but obviously missed signing up for email updates. Unable to clear my calendar to connect but will be following updates here.

I shall follow updates on here as well.

Thank you all for the continuing thread.

I was hoping a journalist would be able to log on

TT usually gets permission, even if Josephine Public doesn't.

Info on the judge hearing ABs case, The Honerable Mr Justice Bourne.

www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=www.11kbw.com/content/uploads/profile-pdfs/charles-bourne.pdf&ved=2ahUKEwjky52ttoOGAxXZ8QIHHc5yB04QFnoECBQQAQ&usg=AOvVaw2De_tOBEy-XCZRrCrfAxE5

A link to one case he won.

www.thetimes.co.uk/article/keeping-records-of-transgender-persons-history-proportionate-k7cxd9rpn

They have only just put up next weeks listing, yet the clerk said you need to email them before 4pm on the previous Friday.

Not exactly open justice when the listing is released after their deadline!

I’ve had no reply from my email to the EAT. It’s pretty rubbish IMO if these public bodies can’t deal with the public!

Did you get the automated reply?

It’s consistent with the courts not having enough staff and also poor implantation and management of systems.

i had someone in my circle need to attend a hearing at family court recently and it was moved it to a building in an entirely different town over an hour away without anyone informing them. They turned up on the appointed day as per their letter, couldn’t find their case listed on the board and when they eventually found someone to ask which room they were in, the clerk looked it up, rolled their eyes and said it happened all the time.

Not sure whether it’s a symptom or a cause of the backlog in the judicial system, but something is fundamentally going wrong somewhere in the administration.

I will read up on it on TT then catch up on the gossip and the wrens here.

As an aside, most Zoom rooms have a capacity of 100 as standard. This can easily be extended to 500 or webinar format to thousands. Zoom hosts can easily prevent participants unmuting/restrict chat etc and in webinars (probably more appropriate for a court case) attendees won't even see each other.

Maybe I need to chat to the clerks about zoom hosting in all its glory?

Ah no, I’d miss “waiting for the conference host to join” too much.

/sarcasm

I applied and got the automated email so I’m not hopeful of getting access.

I've been pondering my irritation that this is feeling awkward to access.

Yes there absolutely should be open justice but the system hasn't kept up with the advent of zoom. I'm not in the slightest bit close to the background, but it feels like it hasn't been clearly defined what it's reasonable to expect and then to deliver against it.

The reason I say this, not to defend them, but simply because if you can attend in person then the objective of open justice IS being met in the same way it always has.

Anyway, largely irrelevant musings, but it feels like there needs to be a better structure. Simply blaming overworked clerks isn't sufficient, IMHO. Either zoom should be open to all, or not.

Maybe I need to chat to the clerks about zoom hosting in all its glory?

Probably not a bad idea. I expect they have non-specialists who scrambled to come up with something in Covid and haven’t had time to go back and assess it since,

I doubt they'd be allowed to use Zoom. I'm in the NHS and we can't use it. There's a whole industry around information governance in the public sector and I expect they can only use approved software.

Yes, it has all the hallmarks of a specialised set up that links to equipment installed in the courts. That is also probably really expensive and reliant on the supplier to maintain and update. And “under the hood” is actually no better than zoom or Skype or Teams or WebEx. And will limp on for years because there is no money to upgrade any of it to keep up with improvements in technology.

Well, my request email has been turned down, as I am out of the jurisdiction. I've made further submissions and await the response. Not hopeful that my request will succeed. Pretty fed up as have followed all previous proceedings. Grrrr.

Will be logging in here and also following along with TT on twitter.

Has anyone else had a response, either yay or nay? I’ve had nowt 😡

Apart from the auto reply, I didn't get a reply to my email.

I've also had nothing apart from the auto reply.

I do wonder if there are issues emerging (in general) with court proceedings being recorded illegally. (Absolute guess but I bet it happens).

Also still had nothing, but tomorrow is a reading day so hopefully those who have requested links will get instructions tomorrow.