It is interesting: there is a completely different perception of how Forstater v CGD is going at half time, between the people who think GC beliefs are "worthy of respect" and those who don't
The general consensus on the TRA side of the fence is that it is going badly
TRA legal twitter, perhaps more wisely, hasn't had much to say (its only half time after all).
Robin Moira White seems to have deleted this previous tweet
(... since there was nothing in my evidence that suggested I didn't treat colleagues with dignity and respect 🤷♀️)
Those following the case and wanting to get an idea of how its going, as the witness evidence carries on: its worth reading the opening submissions which set out the cases on either side.
Its a legal argument on both sides - does the "offence & disruption" caused by someone expressing GC beliefs mean that an an employer can fire them?
Or does the offence & disruption directed at people with GC beliefs mean they should be protected from unlawful discrimination?
The fact that I brought in a single copy of the FPFW booklet is agreed on both sides and is not the subject of courtroom drama.
The question is, what is the right way for an employer to respond to offence-taking in response to expressions such as those of Fair Play for Women?
If people point at groups with the protected characteristic of holding "gender critical" beliefs and call them a "hate group" must employers treat these accusations as being in good faith?
You are all invited to take part in the open justice of watching the evidence next week
(email CentralLondonETpublicaccess@justice.gov.uk for a login)
A curious thing about the draft government guidance: It has no conceptual underpinning at all
“In recent years, we have seen a significant increase in the number of children who are questioning the way they feel about being a boy or a girl, including the physical attributes of their sex and the related ways in which they fit into society. “
Er ok…🤷♀️
It then dives into “where a child or their parent has raised a request relating to social transition”
The phrase appears 29 times in the guidance, but is never explained what it means or what it might involve.
The schools are told they must "consider what is in the best interests of the child and other children, and a decision relating to social transition may not be the same as a child’s wishes. "
The phrase “gender identity” appears 36 times in the judgment
Leonardo’s policy is that any member of staff who is proposing to to undergo, is undergoing or has undergone a process for the purposes of reassigning their gender can use the toilets intended for the opposite sex.
I am hugely grateful to Naomi Cunningham for the work that she has done as the first chair of Sex Matters, and for her equally important role as a barrister representing claimants using the law to fight for justice.
The arguments made on behalf of the Women and Equalities Minister yesterday were a desperate attempt to shoehorn "case-by-case" back into the single sex services following the Supreme Court judgment.
At paragraph 36 she says there are there are no equivalent exceptions to the single sex service exceptions that apply to employers.
She seems to have forgotten the provisions about protection of women in Schedule 22!
She said that the FWS case was principally decided by reference to maternity rights.
It wasn't. The SC concluded "it important that the EA is interpreted in a clear & consistent way so that groups which share a PC can be identified by those on whom the Act imposes obligations so that they can perform those obligations in a practical way"
Ollie was Chair of the Civil Service Rainbow Alliance for 9 years from 2008 -2017, then held a number of roles in the GEO.
So all the time that the government was getting the law wrong and getting Stonewall prizes for he was leading this.
In 2012 he wrote in Civil Service World about his personal opinion that the government shouldn't renege on its commitment to this particular approach to diversity.