Second afternoon session, day one, of the employment tribunal of Samantha Tempest v Defra and the Rural Payments Agency. We expect to return some time after 2.50pm.
J This is our unanimous decision on C application to amend claim. C applies to inc allegation that Rs are liable under section 109 2 for actions of EW and AM - actions done as agents for R. Application R liable was first made in 2023. Remains a boiler plate contention
This is the afternoon session, day one, of the employment tribunal of Samantha Tempest v Defra and the Rural Payments Agency, due to begin at 2pm. (PQ is no longer a party.)
Tempest (the claimant or C) is claiming discrimination, harassment and/or victimisation on grounds of gender reassignment. Central to the claim is the Sex Equality and Equity Network in the Civil Service (SEEN or IP). SEEN has been granted right to intervene.
J - with preliminary matters we will give decisions but not extensive reasons. Is that okay?
NC - may depend on the outcome
J - the tribunal will use preferred name and pronouns, C has pc of GRA. As to the Intervenor and witness we understand their position and accept that we
cannot compel witness to use specific pronouns, we ask the Intervenor as far as possible to use gender neutral language, we appreciate that this will be difficult, accidental slips may happen, but deliberate use of the wrong term or misgendering will be seen
We hope to report today on the employment tribunal of Samantha Tempest & PQ vs DEFRA and the Rural Payments Agency.
It is the first day of hearings so there may well applications or other business for the Tribunal to deal with. Official start time is 10 am.
PQ & Tempest (the claimants or Cs) are claiming discrimination, harassment and/or victimisation on grounds of gender reassignment. Central to the claim is the Sex Equality and Equity Network in the Civil Service (SEEN or IP). SEEN has been granted right to intervene.
We expect the afternoon session of the JR brought by Sex Matters against the National Police Chief's Council and the British Transport Police to resume at 2 pm.
Abbreviations are in the thread below.
We resume.
FB - hope to give you some assistance in interpretation on how consent works in sec 5 of PACE. But starting with Criminal Justice Act of Scotland, it is a good example of how to make an consent based search model unlawful. Absolutely clear what is unlawful.
A constable can only search on police powers. We would expect this if common law on consent was no longer operable under PACE.
Now onto consent & PACE, 3 examples to share. Consent must be requested first and if not given then coercive powers must be used.
Tribunal is taking a short break. We will return with part two of the morning session. NR has said he expects to go until lunchtime with this witness.
AH - Angela Harrington, heard C's appeal of dismissal
J - dealing with sound issues clerk has moved microphones, and also some picking up typing sounds, that's probably me, further discussion.
NR - ground 2 of appeal was that she was dismissed for interpretation of tweets that was not put to her and that it was wrong to dismiss