I think the issue of Upton’s personal liability hangs on a number of issues.
Did he have permission to enter female spaces? Well according to the respondent witness, not until Bumbar got involved so initially he did not.
he was making notes (contemporary or otherwise) about her lack of acceptance
even. Though she did not know this it still can constitute harassment
What did he do when Sandie told him directly how uncomfortable she was in his presence? He put his big girl pants on and went right back in.
What did he do about her expression of discomfort (however that was expressed) He made a number of allegations about her, to fight fire with fire.
one might expect of a reasonable transgendered person (assuming that such a person exists) that they would seek an alternative place to change out of respect for a colleague.
was it sexual in nature, well yes in so much as he is a male in a female space, i don’t think any further motivations were clearly demonstrated, (in terms of current thinking)
How did the interplay between the NHS policy, attitude and support for Upton allow for such behaviour, was he entirely innocent because he was “allowed” ?
then just to ice the cake he sought in the most outrageous of ways to mislead the tribunal by tampering with his “evidence” Witnesses are expected to tell the truth to assist the tribunal in drawing its conclusions.
The tribunal are being asked to draw ground breaking conclusions, in the heart of gender land AKA Scotland.
it is a big ask, given the environmental thinking we have not yet left.
it is no wonder to me that JKR et al picked this case to run with because if it goes our way it will be fundamental.
Could he appeal, yes he could, if found personally liable, and his pleadings would shed further light on the issue.
As far as i can ascertain Sandie is up for the whole kit a and caboodle of our fight and seems well and chipper.
I think he will be found liable.