The Tribunal has asked for the VE decision to be taken by the case examiners by Friday pm.
If erasure is determined, then it seems the misconduct evidence will not be heard.
We have, as a courtesy, deleted some tweets today on personal matters that were considered in public session on 9 March. The following tweets sign off the reports from that day's session.
TLDR: Dr Michael Webberley applied for voluntary erasure from the GMC register. The Tribunal say it is "unfortunate" that was not determined prior to the hearing today.
MW had two requests for postponement declined & recently provided new evidence for an adjournment. >>
We now know MW's erasure application was rejected. The tribunal reconvenes to decide on the adjournment request, case management & timing of witnesses.
@StoatlyL Deleted tweets in this thread reported information heard in open session at the Tribunal and were deleted this week as a courtesy at the request of @MPTS_Hearing.
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We will be reporting the second day of the Employment Appeal Tribunal of Nigel MacLennan vs the British Psychological Society from 10:30 am. MacLennan, elected president in 2020, was expelled from the charity in May 2021.
Details of the case, the various intervenors who have an interest in charities and whistleblowing and full coverage of the first day of the hearing are on our Substack: tribunaltweets.substack.com/p/maclennan-vs…
Abbreviations:
NM/A/C - Nigel MaClennan, appellant or claimant
BPS/R - British Psychological Society, respondent
CM - Chris Milson, barrister for appellant
EDS or DS - Emma Darlow Stearn, barrister for appellant
PG - Paul Gilroy KC, barrister for appellant
The Employment Appeal Tribunal of Nigel MacLennan vs the British Psychological Society on whistle blowing protections will recommence at 2pm. This morning's report is here. archive.ph/j8ttK
CM - Chris Milson barrister for appellant
EDS or DS - Emma Darlow Stearn barrister for appellant
OS - Oliver Spratt, solicitor for appellant
PG - Paul Gilroy KC , barrister for respondent
JL- Jeremy Lewis KC barrister for intervenor Protect @WhistleUK
MS - Mukhtiar Singh barrister for intervenor Protect
NL - Naomi Ling barrister for intervenor Charity Commission @ChtyCommission
We expect to be reporting from 10:30 am on the Employment Appeal Tribunal of Nigel MacLennan vs the British Psychological Society. MacLennan, elected president in 2020, was expelled from the charity in May 2021.
A tribunal ruled last year that MacLennan, an officer and trustee, did not have employment standing and thus the tribunal had no jurisdiction re detriments from making protected disclosures. The case has significance for the charity sector and whistleblowing.
The Charity Commission and Protect @WhistleUK have been granted leave to intervene in the case.
Last part -
BN - is 7b is engaged then 7b should be engaged, in the way it was framed - it was said it was engaged.
BN - [addressing whether the in app communication - hard to prove - as whole thing shut down long ago - (goes to ability to prove what went on)
BN addressing HR commision
- GI doesnt include thoughts & feelings
- chief justice for SA -when you have multiple purposes - you look at text and context on cases
BN - engage with conduct - 'her gender characteristics are why she is being treated like a man'
But RT gender characteristics isn't made out - not made on what's pleaded to. The gender evidence is not enough to locate the discrimination in the case - as put
Part 4 -(Correction on MM, the name was actually Elodie Nadon, apologies)
Counsel coming in.
BN - parties rely on conditions of court (lists paragraphs)
BN - speaks of the content of a treaty obligation what it depends on - reads the interpretative principles -
- given weight - footnote says taken as a whole - the int law,... BN says court only takes on recommendations
...but can't be elevated to ignoring the intent of the instrument/treaty.
BN - footnote 7 refers to (gives a court event /occasion/judgement) para 66 - proposition which footnote supports - the point these general commentaries used in a broader context & application to indi facts
Part 3
BN - Have to engage with case as pleaded.
Honor made remarks - there is a division tween direct and indirect discrimination (dis')
Only one way to pursue this case is it has to be direct - indirect in discrimination -
J says planning direct and indirect discrimination..
J reiterates PLAINLY dir and indir discrimination.
J asking if only handling direct - not a way to procede
BN and arguing -BN arguing about a comparative class -
J says should address both,
BN says will do so - but makes the point - that the case has changed - as imprudent
BN - what is relevant is the facts
Court requires to define GI which Tickles lawyers haven't done. Bn going to Gender identity def.
J - the adopted the commissioner's definition
BN - objects Tickles's lawyers (RT'sL)
BN - reads out the GI def