Tribunal tweets hopes to live tweet the employment tribunal between Prof Jo Phoenix and the Open University from 10am today although we have not yet received permission to do this. We have not received a list of witnesses or legal counsel so will complete this as case proceeds.
Abbreviations:
JP Jo Phoenix, the Claimant (C)
OU The Open University, the Respondent (R)
BC Ben Cooper KC, Counsel for JP
J - Regional Employment Judge Foxwell
P - Panel or panel member
One of the Tribunal Tweets has been given a remote log in. We have asked the clerk to seek Judge Foxwell's permission to allow that team member to allocate the log in so we can share reporting.
Your reporter is in the virtual waiting room.
Judge Foxwell will finalise the schedule of witnesses, the running order for the hearing & hear any applications including ours to live tweet today. The court is likely rise early that day so that the panel can reading the papers.
We are still in the virtual waiting room.
The issues under consideration in this case have created significant public interest.
The core principle of #OpenJustice is that justice should be administered in public.
Proceedings must be held in public, evidence must be communicated publicly, and the Court should not prevent the fair, accurate and contemporaneous reporting of proceedings by the media unless strictly necessary.
@HMCTSgovuk is committed to open justice.
We request remote access and permission to report via live tweeting, a contemporaneous record of the public hearings, on X/twitter for each case we cover.
We are grateful to @HMCTSgovuk when they arrange remote access for cases now as most cases are being heard in person.
In practical terms, @tribunaltweets reporting fulfils a number of objectives: it enables the public to know that justice is being administered impartially and reduces the likelihood of inaccurate comments about the proceedings.
We are a volunteers collective, established 3 years ago for Dr Helen Webberley's tribunal, to report what we hear, rather than filing a post court report.
This enables us to report promptly and accurately. Our objective is to report proceedings fairly without bias or prejudice.
We have been admitted. We do not yet have permission to report.
Judge Young has not yet addressed our request to report contemporaneously. The court has now risen for the panel to read themselves into the case.
The Judge is Judge Young.
Hearing started late as technical difficulty as a panel member’s laptop can’t access the bundle. Witnesses are will start at 10am on Wednesday.
The sound is difficult - missed the OU Counsel's name.
Judge Young has asked both counsel for their pronouns.
She asked the solicitors to tell the Tribunal how they will manage the documents for the press and witnesses. There is a discussion on managing the 11 bundles.
Discussion of access adjustments which will include regular short breaks for C to stand as back pain every 45 mins.
Review of housekeeping & timetable.
15 day hearing - liability only. So a remedies hearing will follow later if needed. A preliminary timetable review of time BC expects to examine each witness. The timetable for the hearing will be finalised on Wednesday am.
J asks for reading list between the two parties. Defendants’ re-reading list is adopted.
She asked for documents counsel want her to read to be electronic. Docs include an agreed cast list, opening skeletons and submissions, agreed chronology, & at closing the authorities list.
Witness statements - 351 page witness bundle
Other evidence: 5,552 page bundle with 16 page index.
BC: Withdrew the indirect discrimination claim - by email on 14 September.
J: received a dismissal judgment?
BC: No.
J: will dismiss first thing on Weds if not already done.
J: Train and tube strike on Weds and tube strike on Friday. We will require everyone to attend in person regardless of the strike, at 10am.
Court rises.
We'll be back at 10am on Wednesday.
@threadreaderapp unroll
The application on permission to report contemporaneously on x/twitter was not heard. It will probably be heard on Wednesday. ~
ends/
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Second part of the afternoon proceedings. .
DJ will look at the statististic and chronology and comment in writing.
J: Returns to the question of the what may happen in terms of the For Women Scotland case - I will continue preparation of my opnion which will take sometime.
J: I may be able to issue an opinion before the FWS decision.
Or the Inner House beats me to it and issues their opinion.
J asks whether the parties wants the opinion held up for the FWS decision.
The Scottish Government's request for judicial review of the UK Government's Sec 35 notice on the Scottish Gender Recognition Reform Bill continues this afternoon at 2 pm. Our previous coverage here open.substack.com/pub/tribunaltw…
Abbreviations (apologies there are many)
J Judge, Lady Haldane
SG Scottish Govt, the Petitioners
DB The Lord Advocate Dorothy Bain, KC
DR Douglas Ross KC
PR Paul Reid
UKG UK Govt, the Respondent
DJ David Johnston KC
CP Christopher Pirie KC
MD Megan Dewart
GRR Gender Recognition Reform Bill - Scotland
SoS Secretary of State
s35 Section 35 SA Scotland Act
RA Royal assent
S 1 Schedule 1 of s35 order
S2 Schedule 2 of s35 order
PS Policy statement
GRC Gender Recognition Certificate
DJ: Equality Hub is within government answering to several ministers most particularly the minister for Equalities. Is that adequate for the court's purposes?
J: Yes, thank you.
DJ: So we know the material considered did cover potential adverse effects. Included from UN special rapporteur re violeance against women and girls.
Submissions (oral arguments) continue today at 10 am as the Scottish government seeks to overturn the Sec 35 notice from the UK government on the Scottish Gender Recognition Reform Bill. Our coverage from yesterday here tribunaltweets.substack.com/p/scottish-min…
Abbreviations (apologies there are many)
J Judge, Lady Haldane
SG Scottish Govt, the Petitioners
DB The Lord Advocate Dorothy Bain, KC
DR Douglas Ross KC
PR Paul Reid UKG
UK Govt, the Respondent
DJ David Johnston KC
CP Christopher Pirie KC
MD Megan Dewart
GRR Gender Recognition Reform Bill - Scotland
SoS Secretary of State
s35 Section 35 SA Scotland Act
RA Royal assent S
1 Schedule 1 of s35 order
S2 Schedule 2 of s35 order
PS Policy statement
GRC Gender Recognition Certificate
We are covering today the Scottish Government's application for a judicial review of the UK government's Sec 35 notice on the Scottish Gender Recognition Reform. See this morning's coverage here: open.substack.com/pub/tribunaltw…
Expecting resume from 2 pm. The matter is constitutional arguments and administrative powers and can be difficult to convey clearly. We will endeavour to do our best.
Abbreviations:
PC Protected characteristic
EA Equality Act 2010
GR Gender Reassignment
From 10am we will be live tweeting the Scottish Govt's petition for Judicial Review of the UK Govt's order under section 35 of the Scotland Act 1998 to prohibit the royal assent of the GRR (Scotland) Bill 2023. The petitioner (Scot Govt) will be speaking today.
PC Protected characteristic
EA Equality Act 2010
GR Gender Reassignment
Apologies, I couldn't get in immed
DB: discussing the papers she's submitted
J Application to submit new documents/ list of authorites
These are accepted. Discussion re speakers email that arrived last night that could be added
DB Agrees this can be added
J Allows this. Concludes