Thread by @nickwallis

New thread to bring the result of the recusal application hearing which was brought today by the claimant in Morrison v BFF at Belfast Employment tribunal. Application hearing in this thread:

https://x.com/nickwallis/status/1989321104771448916?s=20

Okay Showtime. Parties are back in court awaiting the judge and panel.

reminder this is a claimant application to ask the entire panel to recuse (step down) itself.

J thanks for forbearance we have considered the application and submissions from both parties.

J we will deal with Prof Boyd's situation - PB is in pain and has fibromyalgia - on Wed I was aware J was PB was uncomfortable and she asked us to rise because she wanted to take medication

... whilst we were out of the room I asked if she was okay to continue. Having got the medication and I assessed that she was okay to continue. That was the content of the conversation

Nonetheless PB has decided to voluntarily recuse herself to manage her pain, not have to do a long commute and assuage any concerns.

J that comes to the app for me and Mr McKeown - [J is now talking about the RRO] - I have a right as a judge to set aside any order - my role is to ensure a fair hearing for both parties. On reflection on Monday evening I was reflecting on the RRO and thought an anonymity order

would be more appropriate. The language of the anonymity order was made verbally using the same language as the RRO.
Lastly you say that the way I was asking questions imparts bias. We must stick to the list of issues, I have not not allowed any questions. If I ask as to a q's relevancy are about the relevant to the issues. Accordingly the recusal application to me and McKeown is denied. The case will continue with me and Mr McKeown. Now - do you want another panel member or are you happy for me to continue with the two of us.

If you want a new panel member comes in we will have find someone which we should be able to this weekend and get them up to speed. They will need to read the papers and listen to the recordings - there is a recording of this tribunal. It may be they can do this on Monday and we can...

... restart on Tuesday, possibly Tuesday afternoon.
What do you want to do?
NC can we rise for 5 minutes to take instruction?
J FIVE minutes. I hope there is no objection if PB goes home.
[Panel rises. PB makes eye contact with room. Says "thank you" and walks (some might say...

... stalks) out]

We're back.
NC SD and I are happy to continue with a two panel
J great so we can continue on Monday
NC we will send a revised timetable before we start Mon morning
SD can I say Monday 1.30pm
J Miss Devlin I'm sorry I said I would take you off oath, but I have checked. I am not...

... able to take you off oath
SD yes I checked too and understand that to be the case
J so I am afraid that means you cannot talk to anyone about your evidence but other things are fine
[brief discussion to confirm Ms Devlin will be finished on Monday]

J okay. Good. well have a good weekend everybody.
[court rises]
More follows...

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Thanks to everyone who donated and/or followed the tweets. Hopefully you got the gist of what was happening today. Thanks also to both legal teams, the witnesses, the court staff and the observers who have made this a fascinating week.

I'm going to try and catch the Friday fun plane whilst bashing out some copy.

Don't forget to watch Bernie Allen's (@emeldajane2) report on BBC Northern Ireland's Newsline at 6.30pm tonight.

Thread ends!

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