New in the Industrial Law Journal "Belief vs. Action in Ladele, Ngole and Forstater" by Professor Robert Wintemute, Kings College London

https://t.co/jNYucKvKKa

Wintemute asks "Did the Employment Tribunal correctly distinguish the claimant’s belief from hypothetical (speculative, future) harmful action that might involve
discrimination against, or harassment of, a transgender co-worker or customer? "
He considers the case of Ladele - a registrar whose religious belief meant she would not conduct same sex weddings - her belief could not be accommodated, because she had chosen to act on it in a way that caused harm to others.
And Ngole, a student social worker who won his case " I never advocated any hate...towards people who are in same sex relationships. ... I never stated that people in same sex relationships should be treated differently.."
Wintemute notes "Ms Forstater was not dismissed because of her treatment of any transgender person, such as a co-worker or a customer of her employer..but because of her co-workers’ intolerance of her unfashionable (to them) belief that, in some situations, sex matters"
"The Employment Tribunal noted her statements (on Twitter and to the Tribunal) that her belief would generally not be translated into action, especially in her workplace"
"Despite her stating that she would generally be polite and kind, the Employment Tribunal was concerned that Ms Forstater might harass a transgender person in the workplace, even though there was no evidence that she had ever done so"
The Tribunal merged hypothetical harmful action into M Forstater’s belief despite the absence of any evidence that she had failed to respect the dignity in the past, and despite the evidence that she would generally respect the dignity in the course of her employment
The Tribunal then described this hypothetical action (‘refer[ring] to a person by the sex she considered appropriate’) as a ‘core component of her belief’, which made her belief ‘not worthy of respect in a democratic society’
Wintemute concludes "If the ET had correctly made the essential distinction between belief & action, without merging hypothetical harmful action into Ms Forstater’s belief, it would have concluded that her belief is ‘worthy of respect in a democratic society’."
"Whether one agrees or disagrees w Ms Forstater’s belief in two immutable biological sexes, her belief can hardly be put at the same level as Holocaust denial or incitement to violence. "
The ET erred in law by distorting the 5th Grainger criterion, w the effect of sweeping into the ‘not worthy of respect’ category any belief that some persons might find ‘offensive’ & therefore consider harassment, if (hypothetically) it were expressed directly in the workplace.

More from Legal

1/ On Jan 2 we introduced Proud Boy Billy Knutson to the world. Billy said he was going to DC to "literally go Antifa hunting."

Well, Proud Boy Billy Knutson stormed the U.S. capitol with his fellow terrorists and participated in a failed coup:
https://t.co/Ctb7vThYhs


2/ Terrorist Proud Boy Billy Knutson placing himself at the scene of the failed coup in DC to overthrow democracy:


3/ From terrorist Proud Boy Billy Knutson's Parler in his own words:

PS: We see Texas Charter Plane 5 Jenna Ryan made the big time at the failed U.S. coup in DC


4/ FAIR USE claim: shows context in tweets

Terrorist Proud Boy Billy Knutson's Parler video where you can hear him screaming, "Stand Back and Stand By Motherf*ckers!" while standing on the US capitol steps. Speaker says they'll be back on Inauguration Day.


5/ Terrorist Proud Boy Billy Knutson already lost his Instagram, Facebook, TikTok, & Twitter before heading to DC

However @Spotify & @YouTube continue to platform Billy Knutson, aka Playboy The Beast, a terrorist that participated in the U.S. failed
Absolutely fascinating thread as @jsralton & others track down the identity of key players in the Capitol Hill breach.

Including highly decorated ex-members of the military.

The double wrist ties, tasers, discarded weapons all show an intention to go much further than they got


Seems so ordinary, becoming Lieutenant Commander Brock in the US Airforce ...yet the conversion from the ordinary into the extremist will make a fascinating study for psychologists @RichardBentall


His claim that he picked up the wrist ties “someone” had dropped so he could hand them into police is laughable.

And when you think about it rather cowardly. Can’t even take responsibility for what he has done.

Who else were involved in the planning? Which mates of his?

The attention to detail in making the links is impressive.

There’s going to be a lot more doors knocked in in the next few weeks.

How high and how deep into the Trump establishment does it go.?


H/T @k8tshires for this summary from CNN

If the people involved in this insurrection succeeded where would the establishment face of the movement be?

I suspect not making the denouncements they are now that it
Without jumping to conclusions, this is a strange coincident. Is someone trying to kill two birds with one stone?


If you don't get caught up in the noise of the media, you'll notice a few more things. The far-right Oath Keepers has been patrolling major cities with heavy weapons for weeks. They were present in numbers at the Capitol, but without weapons.


https://t.co/t7M1svIIMe


You find photos of the arrested vandals but strangely enough not of the one 70-year-old who allegedly had a truck full of weapons. And at least I couldn't find an image of that truck. But the old man was apparently very talkative to the police.


The most questionable aspect, however, is the FBI's search for a person who was apparently caught on a surveillance camera the previous night.
At that time, it was possible to predict a mass gathering, but not the riot.

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A brief analysis and comparison of the CSS for Twitter's PWA vs Twitter's legacy desktop website. The difference is dramatic and I'll touch on some reasons why.

Legacy site *downloads* ~630 KB CSS per theme and writing direction.

6,769 rules
9,252 selectors
16.7k declarations
3,370 unique declarations
44 media queries
36 unique colors
50 unique background colors
46 unique font sizes
39 unique z-indices

https://t.co/qyl4Bt1i5x


PWA *incrementally generates* ~30 KB CSS that handles all themes and writing directions.

735 rules
740 selectors
757 declarations
730 unique declarations
0 media queries
11 unique colors
32 unique background colors
15 unique font sizes
7 unique z-indices

https://t.co/w7oNG5KUkJ


The legacy site's CSS is what happens when hundreds of people directly write CSS over many years. Specificity wars, redundancy, a house of cards that can't be fixed. The result is extremely inefficient and error-prone styling that punishes users and developers.

The PWA's CSS is generated on-demand by a JS framework that manages styles and outputs "atomic CSS". The framework can enforce strict constraints and perform optimisations, which is why the CSS is so much smaller and safer. Style conflicts and unbounded CSS growth are avoided.