Tempest v Rural Payments Agency Tribunal Thread 6

[myladydisdainisyetliving]

Previous thread: www.mumsnet.com/talk/womens_rights/5549959-tempest-v-rural-payments-agency-tribunal-thread-5

TT substack: tribunaltweets.substack.com/p/tempest-vs-defra-and-rural-payments

Tempest (a TW) is claiming discrimination, harassment and/or victimisation on grounds of gender reassignment. Central to the claim is the existence of the Sex Equality and Equity Network in the Civil Service (SEEN). SEEN has been granted right to intervene. Parts of the original claim against the co-chair of SEEN (Elspeth Duemmer-Wrigley) and another party (Andreas Mueller) were struck out or narrowed. Another claimant, PQ, is no longer part of the case.

Please note that Elspeth still has a garden in need of seeds and water to support the ability of SEEN to be an intervenor in this case. The claim originated because she said "only women menstruate" and a search with her name and those terms at the usual gardening website should point you to her plot.

In case there is an appeal

I am a civil servant

Samantha Tempest is a man
He has the pc of gender reassignment
“Transwomen” are men
He’s clearly bad at his job as he was found to have poor performance
From his evidence he sounds really unpleasant to work with

I still have my Gordon the Gopher as well!

I'd also like to know how 'Sophie' Cook could be impartial since he has considerable skin in the game.

😂

This phrase has filled me with immense joy.

Can the CS apply any sanctions to an employee based on their personal social media posts?

From TT:

HH - I appreciate AM wasn't an employee of Defra but you were asked to consider actions within your remit. Suspension of co chair of SEEN network.
NB - I dont determine that. The network themselves do.

(Missed)
NB - the submission of ED that came to me that employ AM. Part of action was determine whether suspension was appropriate from that group?
J - which group?
NB - environment agency.
J - what happened?
NB - I dont believe a suspension just a standing back of the role

J - he agreed to that?
NB - I dont know the answer to that
HH - we agreed at the start that where comms on Yammer or viva engage of EDI issues, HR would be involved?
NB - Yes

Yes. Any employee can be sanctioned by their employer for what they write on social media, if they write something bad enough.

Never actually had a GtG <jealous>

Also passing the time putting random words in the .gif drawer and seeing what pops up. This is one of the ones for 'yammer'.

Ah, thanks, I missed the judge's remark while I was on another astral plane. That, or painting my nails (an old, iridescent Barry M).

Higgs put significant limits on that

From TT:

HH - when you say colleagues in environment agency and you didn't have power tos uspend, I asked what did you do regarding SEEN Defra about the conduct of AM?
NB - I didn't personally contact SEEN. I know I drew together very quickly members of my team. Casework

EDI to talk about ED letter. I can't recall what we discussed about engagement with SEEN
HH - Finally is EWD statement
J - Re AM posts, did you find it troubling a member within defra family was making posts on social media of this kind?
NB - yes

J - posts referred to work colleagues, clowns for example. Did you consider what should happen to AM
NB - he was subjected to an lx by environment agency
J - what was outcome?
NB - I dont think there was a case found under disciplinary procedures

J - what were the grounds?
NB - expression of views outside work capacity
NL [should be AL]- if it helps I can take you to that decision.
[They discuss where in bundle]

So the intention to confused worked. On me😒
If AM's personal SM is to be examined/used in evidence, why not ST's and every else's?

Seeing the trouble people get into because of their personal SM postings, it makes me question their judgement - everything on SM is readable by anybody who wants to, from your boss to your spouse to the local parish priest..

I went on Yammer and was mortally offended.

I then went on Mumsnet and was made to feel like I didn't exist.

Then, rather than doing my job, I went on Twitter and was so deeply outraged I'm now writing this complaint from a celestial plane of existence.

I don't understand. Andreas M isn't/wasn't DEFRA but HH is questioning NB (DEFRA HR - is that right?) about his actions?

Andreas isn’t an employee of DEFRA, he isn’t in this case and these are from his personal Twitter.

Come on judge pretend you’re not biased.

Agreed. The devil is in the detail about what's bad enough. But there's no immunity.

The judge seems quite upset about the " bring on the clowns" comment.......thought it quite appropriate myself.

TBH, though, I'd steer well clear of posting anything on twitter.......it never turns out for the best.

NB - I dont think there was a case found under disciplinary procedures
J - what were the grounds?
NB - expression of views outside work capacity

Thank you!

I want to see Boiled on her Celestial Plane of Existence!

It's almost like ST said he would prefer expression of views outside of work capacity. Oh wait. He did say exactly that.

Andreas Mueller was posting on Twitter in a personal capacity. This was nothing to do with the workplace.

J - Re AM posts, did you find it troubling a member within defra family was making posts on social media of this kind?

The DEFRA family?? Oh puh-leeeease! You're a judge, talk like one!

And how long & around how many houses did we have to go to get to 'expression of views outside work capacity'?

God help us.

From TT:

HH - Final couple of Qs. Go to page 758 of main bundle. Looking at email from you to JH on 3rd April. It's a discussion on appeal outcome on recommendations. You describe to JH that ST is a pleasure to work with and keen to work with ST. Now EDW statement.

She says she has been informally warned and that ST had reputation of being a bully. That was not your experience was it?
NB - No
HH - can I just have couple minutes with client
[HH and ST step outside tribunal room. Back in.]

HH - no more questions
J - NC anything for witness
NC - a fair bit. Won't finish in a few minutes
J - I dont want to lose the time

<yay, we can all wake up, Naomi is speaking!>