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

Last night TPD arrested and charged two known organizers, @DailyTacoma and our own @ohdamn_jam.

So many people acted quickly, and we were able to make sure they both made bail.


You can read @ohdamn_jam's account of what happened here


If you remember, back in August we were made aware that Pierce County diverted COVID funds to monitor us. We know for sure they monitored and reported on this account and anyone associated with it, such as @DailyTacoma

Side note: They were not read their rights until munch later.
By corrupting global institutions, promoting hysterical data, publishing fraudulent science, and deploying propaganda on an unprecedented scale, Beijing transformed the snake oil of lockdowns into “science,” the greatest crime of the 21st century to

2/ The purpose of this letter is to request an expedited federal investigation into the scientific debate on major policy decisions during the COVID-19 crisis.

Downloadable PDF:
https://t.co/gOX6sTSFbT

Archived Medium article:

3/ In early 2020, the public turned to the advice of scientific authorities when confronted with an apparent viral outbreak. Soon after, most nations followed the advice of prominent scientists and implemented restrictions commonly referred to as “lockdowns.”


4/ While the policies varied by jurisdiction, in general they involved restrictions on gatherings and movements and the closure of schools, businesses, and public places, inspired by those imposed by the Chinese Communist Party (CCP) in Hubei Province.


5/ SECTION 1 - LOCKDOWNS ORIGINATED ON THE ORDER OF XI JINPING, GENERAL SECRETARY OF THE CHINESE COMMUNIST PARTY, AND WERE PROPAGATED INTO GLOBAL POLICY BY THE WORLD HEALTH ORGANIZATION WITH LITTLE ANALYSIS OR LOGIC
A detention hearing is about to start in federal court in Arkansas in the case of Richard Barnett, the man photographed sitting in Nancy Pelosi's office (see: https://t.co/GAAENhkxf0). He's been in custody since his arrest

Prosecutors alleged Barnett was carrying a stun gun. He's charged with entering a restricted area w/ a weapon, violent entry/disorderly conduct, and theft. There isn't anything on the docket indicating what the govt/Barnett will be seeking as far as detention v. release


We're still waiting for the Richard Barnett detention hearing to start in Arkansas. Meanwhile, follow @o_ema for updates on initial appearances in DC federal court today for a few of the Capitol insurrection arrestees -->


Richard Barnett's detention hearing is underway in Arkansas — Judge Erin Wiedemann will decide if Barnett should stay behind bars. The first witness is FBI special agent Jonathan Willett, who was involved in the Capitol riot investigation

FBI agent walks the judge through surveillance videos that the agent says show Barnett walking in and out of Nancy Pelosi's office, with a "walking stick Taser" on his hip, as well as the widely disseminated photos of Barnett sitting in Pelosi's chair with his feet up

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