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@tribunaltweets
Nov 24, 2021 • 8 tweets • 6 min read • Read on X
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Here is the full determination.
End.

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More from @tribunaltweets

Tribunal Tweets Profile picture
Nov 25
Judge Smith asked the counsel to address the grounds of appeal when Kevin Lister's application to appeal the DBS barring decision when we return at 2pm.
J - we move on to the potential errors of fact. Ground one proportionality - error of law point?

AL - ground 9/

GW - content.

J - now grounds 1-8.
AL - skeleton argument deals with social media allegation on ground 8.

J - 4 allegations are those set out in second decision.

GW - where does social media (SM) touch on grounds?
Read 68 tweets
Tribunal Tweets Profile picture
Nov 25
We are reporting from the Upper Tribunal where Kevin Lister (KL) is appealing his prohibition from working with children in any regulated activity.

KL was referred to the Disclosure and Barring Service (DBS) by his employer, a further and higher education establishment, in January 2023.Image
The DBS referral followed his dismissal by the employer for misconduct.  KL was unsuccessful in his claim for unfair dismissal and is separately appealing the employment tribunal decision on indirect discrimination.

Our coverage of Kevin Lister's related case, the employment tribunal with New College Swindon is here. open.substack.com/pub/tribunaltw…
There are 2 Rule 14 anonymity orders. Specified people must remain anonymous.
Read 81 tweets
Tribunal Tweets Profile picture
Nov 11
Good afternoon; this is the final day of public hearings in the case of Ms B Hutchinson & others vs Durham and Darlington NHS Foundation Trust at employment tribunal. Image
NF: Not quite what I meant. If single-sex communal Art8 *might* be engaged; but if it's mixed sex, a woman might encounter a man, that is a much greater effect on Art 8.
NF: Reg 24 - propriety - we say yes, is engaged because changing is to underwear. It might not if it was only re changing coats.
NF: Re Rose Art8 rights - RH always had choice to ask for a private changing space, and we heard from Ms Bailey that Trust had done that in a similar siguation in the past.
Read 100 tweets
Tribunal Tweets Profile picture
Nov 11
Evidence is completed in B Hutchison and others vs County Durham and Darlington NHS Foundation Trust. We will shortly be live tweeting the second part of this morning's Submissions.
The first part of the morning is here:
Niazzi Fetto, barrister for claimants
NF draw strings together. Different to my opening
Read 37 tweets
Tribunal Tweets Profile picture
Nov 11
Evidence is completed in B Hutchison and others vs County Durham and Darlington NHS Foundation Trust. We will be live tweeting submissions starting today, Tuesday 11 November, from 10 am.
Link to our coverage here.
https://
open.substack.com/pub/tribunaltwImage
Abbreviations:
C/Ns - Claimants - the Darlington nurses
NF - Niazi Fetto KC, barrister for Claimants
MP - Michael Phillips, solicitor for claimants
PS - Pavel Stroilov, C’s solicitor, preliminary hearing
R/T/Trust - Respondent, County Durham and Darlington NHS Foundation Trust
SC - Simon Cheetham, KC, barrister for respondents
J/REJ - Regional Employment Judge Robertson
EJ - Employment Judge
ET - Employment Tribunal
RH - Rose Henderson, trans identifying nurse
DMH/H/Hospital - Darlington Memorial Hospital
Read 62 tweets
Tribunal Tweets Profile picture
Nov 7
We expect to be reporting the final morning of evidence today in the employment tribunal of Ms B Hutchison and others vs County Durham and Darlington NHS Foundation Trust. Image
Our previous reporting and background on the case can be found here on our Substack.
open.substack.com/pub/tribunaltw…
Today's witness will be Dr J Phoenix, academic author and professor of criminology at Reading University. She was victorious in her employment tribunal vs the Open University. See our coverage here: open.substack.com/pub/tribunaltw…Image
Read 55 tweets

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