So my developing theory is that when they employed BU, HR dept were excited to tick a diversity box. We know that there is already a fairly established ‘chilling’ effect within the NHS and that sense of excitement and inability to discuss matters arising meant the managers never undertook any impact assessment on facilities.
Then, of course, when BU asked if it was OK to use female CR they were already on a hiding to nothing and fell back on ‘speak’ rather than procedure — and this approach would have been approved of heartily by the TRAs within the NHS who had worked to establish the chilling effect.
It then became clear that BU was gathering material for general harassment of senior management around the idea that transphobia is rife and the inevitable resulting demand that they need to do a cleansing in order for him to feel ‘safe’. They would immediately understand the risk he presented to them and so when the first investigation undermined him they shat their pants. This is in tandem with the true believers, of course, who didn’t shit anything because they are very happy with the idea, and think it completely justified to cleanse potential disbelievers from the general pool. There are so many ways to achieve that but working under supervision would have been meant to be the final mail in the coffin and the expectation would have been that SP would have quit soon after.
They did not expect SP to bring this case and tried to settle in advance and have been tripped by the fact that numbers game ain’t working for SP.
There is no doubt in my mind that BU exaggerated and made up claims because he was enjoying victimising SP. He is continuing to get a kick out of that.
NC clocked him from the off and her pursuit of documentation to prove his lying and enjoyment is exactly the sort of legal process BU thought he could talk over and around but depending on what is further revealed I think she has already sufficiently demonstrated that he,
at the very best, massaged the examples and narrative to suit the level of necessary complaint.
As soon as they realised SP would not settle this left the legal team
in an impossible situation. They can’t ask to see documents that might show their client is lying because they can only continue to claim he is not lying if they haven’t seen evidence to the contrary.
This would explain why JR — who will have seen the same clues as NC has — has not insisted on BU disclosing all his comms prior and instead hoping against hope that she can use her barrister nous to cut NC off at the pass.
We can’t know what the panel will decide but I think the claim from NHS Fife and BU that SPs litigation is vexatious is burnt to ashes without any further documentation needed — a bonus if that further email trail documents lies.