Thread by @tribunaltweets

This is the morning session, day two, of the employment tribunal of Samantha Tempest v DEFRA and the Rural Payments Agency. We expect to begin at 10am.

Tempest (the claimant or C) is claiming discrimination, harassment and/or victimisation on grounds of gender reassignment. Central to the claim is the Sex Equality and Equity Network in the Civil Service (SEEN or IP). SEEN has been granted right to intervene.

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Abbreviations:
PQ – Anonymised claimant, no longer a party
ST/C – Samantha Tempest, Claimant
DEFRA/R1 – Department for Environment, Food and Rural Affairs, first Respondent
RPA/R2 – Rural Payments Agency, second Respondent
RS – First and second Respondents

SEEN/IP – Sex Equality and Equity Network – Civil Service
EW – Elspeth Duemmer Wrigley, co-chair of SEEN
NC – Naomi Cunningham, barrister for SEEN as Intervenor
J – Employment judge SD Robertson
P1 – Panel member 1
P2 – Panel member 2
AL – Alex Line, barrister for Rs

JRL – JR Levins, solicitors for SEEN
HH – Helen Hogben, barrister for claimant
AB – Anna Bond, solicitor for claimant
AM – Andreas Mueller
GC – gender critical or sex realist views
GI – gender identity

TW – transwoman, a man claiming the protected characteristic of gender assignment TM – transman, woman claiming the protected characteristic of gender assignment
INT – Intervenor
ETBB – Equal Treatment Bench Book
GRC – Gender recognition certificate
PC – Protected characteristic

GRA – PC of gender reassignment
DD – Direct discrimination
MLF – My learned friend

We are waiting to be admitted.

J Apologies for starting slightly late - solving technical problems.
HH One matter Judge. List of issues agreed
AL Subject to inclusion of twitter posts
J So that issue not agreed
HH Yes. I'm still not clear re a possible strike out
J Could we hear evidence rather than more

applications.
HH We are looking to disclose further evidence C relies on - failure to moderate and prevent discriminatory behaviour of Andreas Mueller. Two docs - email of complaint from Emma Dunn to several individuals in E Agency and to Nichola Betworth. Letter of complaint

attaching screenshots of twitter posts made by AM. You may have read them in the bundle and are in list of issues. Eg "the clowns have arrived" Second doc is reply from Nicola Betsworth's office ack reciept of complaint. 5/12/23 is first complaint from E Dunn.

HH Reply is 6/7 Dec emails back and forth.
J Have these been shown to other parties.
AL I haven't had opportunity to read email
HH He hasn't had chance to read - we are trying to send it to him.
J Not disclosed yet would be accurate?
HH Yes
J Have you tried to share itwithNC

HH Haven't been able to yet.
J From what you've heard to you object to this?
AL Yes. I have to. Haven't seen doc.
J First thing is to let other parties see them and then we can discuss relevance, prejudice etc.
HH Couldn't do it earlier cos tech difficulties.

AL I don't have doc yet. Don't know how long will take.
HH Doc has just been sent.
NC Not obvious why hold proceedings up before this doc disclosed. Any good reason?
J What is relevance of docs
HH Relevant to one of central issues in case cos c AM behaviour. And re how to deal

with Int's bundle. As we said yesterday.
HH Not necessarily relying on point re my own application, but within Int's suplememtary bundle is complaint made by AM about E Dunn's complaint. AM saying SEEN are the victimised. If allowed to stand alone without clear evidence

to rebut that, C would be at disadvantage cos we would say tribunal may be misled. The problems of 900 page bundle at 11th hour.
J Way to deal is for R and Int to look at additional docs and we'll hear from them and you re how to deal with it.
J We'll stand down for c half hour

J until 11.05 and hear from you c how we go from there.
[court adjourns]

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