Jonty Is An Airedale Terrier.
Update 634. Woof Woof Special. #BeMorePorcupine.
Just jumping in with a quick one off, dear readers, to report that barrister Allison Bailey ( remember her case against Garden Court Chambers?) has won her case against Linnaeus Veterinary for terminating her contract with them.
There are occasional classic first lines from judgments in cases.
There is the Lord Denning case that began: “It was bluebell time in Kent.”
There is a case involving a fairground worker that began: “Everyone loves a funfair.”
And now we have:
“ Jonty is an Airedale Terrier.”
The judgment is here:
An Airedale Terrier (not Jonty)
Obviously Allison was relying on the line of cases running from Maya Forstater’s case onwards and that confirmed that gender critical beliefs are a protected characteristic under the Equality Act 2010.
There is extensive discussion of why the contract was terminated. HHJ Holmes concludes at para 153:
At the first stage I am satisfied that Ms Bailey has proved on the balance of probabilities facts from which I can conclude, in the absence of an adequate explanation, that the practice has committed an act of unlawful discrimination. I will not repeat all of the points that I have just set out. Ms Bailey establishes the act of detriment – the termination. The hypothetical comparator is someone in the same position as Ms Bailey but without the protected characteristic. There was no argument but that if an effective cause of the termination was Ms Bailey’s gender critical beliefs that the comparison with the hypothetical comparator would be established.
At para 155, the judge says:
It then falls to the Defendant to show that the decision was not taken on the prohibited ground and that the prohibited ground played no part in the decision. The Defendant fails.
We recently had bunnies!! https://dustymasterson.substack.com/p/we-will-not-lie-down-part-1?utm_source=publication-search
Now we have dogs!
Damages and consequential orders will be decided at a further hearing.
I understand that this is the first such case on provision of services (most of the other gender critical cases have been about employment). So…listen up, you service providers!
Well done to Allison, her barrister Akua Reindorf and her solicitor Peter Daley of Doyle Clayton solicitors… and to Jonty, of course. Hope he is getting some posh treats today 😊
Allison continues with her case against Stonewall:
https://dustymasterson.substack.com/p/st-happens-when-you-party-naked?utm_source=publication-search
Anyone know if there is a date for the Court of Appeal hearing yet?
#BeMorePorcupine
#WoofWoofToJonty
Jonty Rocks!