Daily Bookmarks to GAVNet 01/09/2021

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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"

Campaigner leading court action aiming to prove Scotland does not need WM’s blessing to hold an indyref has called on the Lord Advocate Jas Wolfe to say exactly who he represents, after a Court of Session judge yesterday described a motion as a “fishing diligence”.

Keatings:the most concerning aspect of the hearing was the refusal by Wolffe’s counsel to stipulate WHO the Lord Advocate is representing. “He was convened in this action to represent the interests of Scottish Parliament, NOT the Scottish Government."

Keatings: "We have a Lord Advocate (representing Scots parliament) being represented by ScotGov Legal Directorate (representing ScotGov), where Lord Advocate is supposed to be representing Scots Parliament but is advancing arguments on behalf of ScotGov, who have withdrawn!"

Keatings: “ScotGov seem to have dusted themselves in Lord Advocate coconut, & are trying to pass themselves off as a Scottish parliamentary snowball," antithetical to principle of separation of powers, as Lord Advocate spent more time wearing his “SG hat” than his parliament one

Keatings: although Wolffe is in Scottish Cabinet, his post is NOT supposed to be political: “I need say no more than my legal counsel Aidan O’Neill QC said in the hearing ... that the Lord Advocate seems to be a ScotGov mouthpiece.."

🚨#Seditionist Audrey Ann Southard—#Florida singer & vocal coach—used her soprano at the #TrumpInsurrection to scream at cops that they should “tell f**king Pelosi we’re coming for her! F**king traitorous c**ts, we’re coming! We’re coming for all of

‼️Just prior to storming the Capitol, #Seditionist Southard posted a now-deleted live video to Facebook: “We’re standing in front of the Capitol building, ready to take it. It’s gonna be fun.”

Clear premeditation. ARREST HER NOW.🤬

@lauferlaw #TrumpInsurrection #Sedition

While pushing a wooden pole with an American flag against an officer’s torso, Southard yelled: “Bulls**t! They’re going to feel us!We’re pushing through. Boys, ready to go again?” she shouted before yelling at an officer, “last breath or last bullet, what’s it going to be?”🤬

#Seditionist James Christenson used @gofundme to raise $475 to pay for the trip for himself & Southard: “Republic Patriots” would “secure our Constitution & that of our founding Republic values...we the patriots of America have borne the cost to make our presence known.”🤬

After Pence did not overturn the election, Christenson said thousands of people crushed forward. “I saw one Marine veteran tell a cop, just take your hand off your gun, b/c if you pull it this is going to be a bloodbath. The cop took his hand off it & started moving aside.”🤬