From TT...
The court is about to sit. Mr Justice Coppel is sitting with a panel.
J has read application and WS. Notes the appellant is neutral. Respondent wishes to continue if successful and if possible for Miss Mills to replaced. if not possible for her to replaced at short notice then hear the appeal myslef.
J - application is well founded and shd be accepted. If Miss Mills can't be replaced then appeal shd be adjourned. In Higgs, was heard by J. Delays in Higgs gave good reason to proceed. Provisional view is case shd be adjourned for replacement for Miss Mills and relist asap.
SK - wouldn't disuade on conclusion. Parties are of one mind to proceed and hear matters today. In resect of PW resigned in Nov 22, orig EAT hearing fixed for April 2026 - no J available. All the time remedy awaits
SK We accept there is likely to be some discussion of the objectiinability of some of the underlying material that members would help with. But much of the material is [legal].
SK so it may be that A takes a differennt view - as the objectinability evidence (OE) is main thrust of the appeal. This is a technical judgment - furter delay not necessaitated. PW very keen to get on with it. Keen to get matter dealt with. Urge you, both parties, to get it on the road.
JR - depends on timing for relisting. Did Et set the bar too low for harassments, and whether the material is objectionable or inappropriate. So wing members would ideally be present. As long as delay is not too long.
J [long pause while thinking] I'll give a short judgment.
J Listed b4 trib today, an aappeal by DSTL v a decsion of ET sitting in outhampton, March 2025, wh upheld claims of harrasment direct disc and constructive unfair dismissal.
Dr W successfully claimed he had been disc on basis of philosophical belief (para 6 of judgemnt) - a GCB sex is biologically immutable [too fast ]
in brief summary ET found that A had taken sides in GI v GC debate, in favour of gender self Id and took steps to suppress GC beliefs. Wide ranging appeal - eg ET ruling places emps in impossible position have to impinge of those who have belief in Gi or may be protected under gender assignment.
Note: we will post this oral judgment if it is published in written form.
J Miss Mills is experienced trade unionist and is Unison's head of equality and responsible for implementing unison's policy. R made appplication for recusal of Mis Mills as MM and Unison oppose FWS. Mr Justice Eadie in Higgs acceoted application for recusal on grounds of apparent bias re a unionist.
J refers to SOG's witness statement (WS) researching MM - paras 20 d, k, l, m and n. Concern poistion of Union and TUC (MM is on TUC) against EHRC code of practice.
Higgs case para 17-27 will be read into transcript of this judgment. Eadie - para 26 - in all cases Mr Morris would abide by his judicial oath but is publicly associated with public position of one side of this debate. Note: We will add this to our substack as goo fast to transcribe.
I have no doubt MM would [follow] her official oath. As in Higgs, issues at heart of debate which arise in case and appeal, and two orgs [Union and TUC] have a view and campiagned against the GC views of sort expressed by PW, and which ET found inadequately protected.
Stronger in this case as MM still occupies position at TC and Unison. secondly MM was signatory to TUC letter to the Govt referred to in paragraph 21 a of SO's WS. Application succeeds.
Both parties are content for appeal to continue. However listed with appointed members as controversial issues with wide spread implications for workplaces.
JR disagreed with SK and said that issues on objectionability would benefit from views of appointed members (AM).
EAT appeal has been handled [fast] - not pressing need to avoid further delay. Tribunal hearing is adjourned for panel members to be appointed.
J will do what he can to ensure re-listing is fast.
SK - case management matter. Been handed a fresh bundle of papers today. J - not seen them.
J clarifies. JR - suggests she makes an application. Only one contentious document re a workplace group advocating for GC views.
JR - suggests SK says what docs he objects to and then JR will make an application. Court rises.
So we will return to report this case when it is relisted.