Actually, She Lost

Allison Bailey categorically did not win her case against Stonewall. And that’s the message really.

The opening statement for Allison Bailey’s fundraiser: I am suing Stonewall Equality Limited to stop them policing free speech.   I am a barrister and I helped to set up a new organisation for lesbian, gay and bisexual people, the LGB Alliance, to provide an alternative to Stonewall. In retaliation, Stonewall had me investigated by my chambers, in an attempt to cost me my livelihood.
Allison Bailey’s crowd funder for her case against Stonewall UK.

Read the Judgement here.

Her intended purpose in bringing this case, as stated in the opening paragraphs of her own statement about it, right from the start was:

I am suing Stonewall Equality Limited to stop them policing free speech.[Emphasis mine. H]

She has failed in that purpose. She raised over £551k, to sue Stonewall. She has, again, categorically lost her case against them. The tribunal:

…concluded there was no evidence whatsoever that Stonewall directed Garden Court’s investigation process…

The tribunal, additionally, ruled against her on other points, finding that: she had not lost work, her income was not affected, that the GCC does not have a ‘practice of treating GC beliefs as bigoted’, and rejected her claim that ‘Stonewall instructed, induced or caused, or attempted to induce or cause detriment to’ her.

As I said; Categorically lost her case.

Stonewall says in their statement following the outcome:

We are pleased that the Employment Tribunal has ruled in a decision published today that Stonewall has NOT been found to have instructed, caused or induced Garden Court Chambers to discriminate against Allison Bailey.

The disinformation campaign is already starting, however, because she and the GC crowd all, laughably, believe otherwise. My guess is that this is due to the court ordering Garden Court Chambers to pay her £22k in damages for ‘injury to feelings’.

Bailey lost her case against Stonewall itself, but the court found in favour of her claims that Garden Court Chambers — her employers — ‘discriminated against [her] because of [her] gender critical belief when it published a statement that [she] was under investigation’ and ‘…GCC also victimised [her] by upholding the Stonewall complaint because of [her] protected act: tweeting against the idea of the ‘Cotton Ceiling’ & about the appalling levels of fear and intimidation driving the Stonewall self ID agenda.

From reading various responses to the trial, and the trial transcript as it was ongoing, the fact that the GCC were found to be discriminatory is far more indicative of the GCC’s poorly written media and behaviour policies for their employees, than it is anything truly supportive of Bailey’s beliefs.

I wonder, in that case, whether GCC will appeal against this. I wouldn’t be surprised, or blame them.

Edit: According to PinkNews:

A spokesperson for Garden Court Chambers said that the judgement was being reviewed with a “view to appeal”.

Allison Bailey tweets: 1/The Employment Tribunal found that Garden Court Chambers discriminated against me because of my gender critical belief when it published a statement that I was under investigation & in upholding Stonewall’s complaint against me.
Bailey’s current pinned tweet.
Allison Bailey tweets: 2/The ET further found that GCC also victimised me by upholding the Stonewall Complaint because of my protected act: tweeting against the idea of the ‘Cotton Ceiling’ & about the appalling levels of fear and intimidation driving the Stonewall self ID agenda.
The second in her thread.

Considering that the recent Forstater trial found that Gender Critical beliefs are indeed protected, as they are beliefs and thus to be treated the same way as any other belief, however repugnant that belief may be, this is essentially true. I guess I can’t find general fault here, but she goes on to say:

‘In doing so the tribunal held that my protected gender critical belief also included the belief that “gender identity theory as proselytised by Stonewall is severely detrimental” to women, and to lesbians.’ ~ Allison Bailey

Allison Bailey tweets: 3/In doing so the tribunal held that my protected gender critical belief also included the belief that “gender identity theory as proselytised by Stonewall is severely detrimental” to women, and to lesbians.
Is the GC protected belief really that specific? You have to wonder.

Knowing how the GC crowd work? She and they are going to spin this specific claim as meaning the court agreed with her that Stonewall’s transgender support is ‘detrimental’ and homophobic, specifically to women and lesbians.

Not all that different to previous GC conspiracy theories, of course, only now they think they have a court’s backing for their wild claims.

Allison Bailey tweets: 5/I have lost my case against Stonewall, but I have succeeded in exposing Stonewall’s conduct & the enormous & to my mind malign influence it wields in the workplace & in society more generally.
Despite here admitting that she lost her case against Stonewall, she thinks she ‘won’ anyway.

As Allison herself says, in her tweet (above), she thinks she has ‘succeeded in exposing’ Stonewall. Her followers, fellow GC transphobes, have already started piling in to agree. Including the Green Party’s Shahrar Ali.

The GC theory goes that Stonewall is pushing ‘trans ideology’ in some sort of protection racket like scheme, forcing businesses and organisations that sign up to the Stonewall Diversity Champions programme to adhere to some sort of 1984-esq rewriting of history, thought policing, and authoritarian demands that trans people’s concerns be placed above all others as the Golden Minority. A minority that is somehow both a small, weak, meaningless minority, and yet also so powerful that it is influential enough to enact institutional capture of all these businesses, organisations, political parties and more.

I know, I thought it sounded bloody ridiculous just typing that up.

In reality the Champions programme is actually just a training scheme to enable employers to better support their trans employees. That’s it.

It provides resources, guidance and support for organisations who are committed to creating a workplace where everyone can thrive. ~ Stonewall

And yet, the GC crowd all think Stonewall have been ‘exposed’ and ‘brought into disrepute’, by this case that they did not lose.

Shahrar Ali tweets: Let this be warning to all those employers, unincorporated associations or organisations who think they can get away with subduing, discriminating against or victimising honorable people for standing up for what’s right & fair — or for expressing their gender critical belief!
Shahrar Ali is currently campaigning for the position of Deputy Leader of GPEW.
Simon Fanshawe tweets: This is a reminder to Stonewall not to betray its legacy of representing the whole lesbian and gay community and not to behave as an ideological organisation pushing a single view of our world with sanctions for being “the wrong kind of gay”. The point of equality is diversity
Just repeating the same conspiracy theory of Stonewall being some sort of Mafia-like organisation.
@WestLondonWomen tweets: Same, sitting down in a public place and grinning and crying. So so happy for Allison, and frankly delighted GCC will be paying her aggravated damages.
Grinning and crying for a case that… didn’t win it’s principle reason for being brought?
@UnrulyDaughter tweets: You were amazing giving evidence. I hope you and your team can take huge satisfaction from exposing this, I’m only sorry you had to go through it. All the best.
‘amazing giving evidence’ in direct contradiction of the actual facts, amusingly enough.
@WillietheFly tweets: Congratulations Alison. Great result! It’s shone a light on the malignant influence of Stonewall, and the institutional capture of many organisations. They need to think again about their actions.
‘Malignant influence’, ‘institutional capture’ — more conspiracy nonsense.
@TeamPfizer tweets: Did you hear that giant exhale from women around the world? Thank you, Allison for all you’ve sacrificed to uphold the dignity and human rights of women everywhere. We owe you such a debt that can never be repaid.
The love-bombing hyperbole is just par for the course in these circles.
@mrssomerset tweets: #AllisonBaileyWins A black lesbian was victimised by her employer on the say-so of the now hugely discredited Stonewall, a charity formerly concerned with upholding gay people’s rights which now actively tries to ruin their lives.
‘hugely discredited’, it really is as if these people live in another world entirely.

They don’t even stop to consider why people like James Esses is in support of this nonsense.

James Esses tweets: Stonewall is on the brink of collapse.     Without Allison Bailey’s bravery and resilience in bringing this case and shining a light on their insidious practises, this may not have happened.    I (and I imagine many others) are eternally grateful for her.    #AllisonBaileyWins
James Esses: misogynist and transphobe.

The Gender Critical crowd are going to try to spin this — as you can see — but the trans community can take heart that, in truth? Allison Baily lost for major part of this case. She lost the very reason she brought this case to court in the first place.

And the cherry on top of course, is that she has now ruined her own reputation in the legal field. I don’t know what case the GC crowd were following, but the one I was following really and truly did not show Bailey to be particularly good at her job, while also exposing her rather deep entrenchment in a laughable conspiracy theory.

I don’t think this is going to go as well for her, or her fans and followers, as she thinks.

Oh, and as a chaser:

28. The order in which witnesses were called was not announced until the day before, for fear of witness intimidation. An incident on 3 May (the subject of a short case management hearing that afternoon) showed that the fear was not groundless.

The Tribunal here acknowledging that GCs are prone to witness intimidation.





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Aitch King

Aitch King

39 year old UK based autistic and ADHD queer transmasc who works in accessibility. Radical Leftist, anti-fascist. Will write on all of the above. (They/He)