[Update from Prof Kostakopoulou - September 2023]

Dear Colleagues, Students, Friends and Supporters,

I wish to let you know that the Employment Appeals Tribunal in London has received my appeal. In fact, two appeals were submitted. Both appeals raise important issues pertaining to violations of the rule of law and my fundamental rights which the local tribunal, that is, Birmingham Employment Tribunal, had a positive duty to uphold as a matter of national constitutional law, international law and EU law.

I argued that the Tribunal acted in disregard of the open justice principle. It had no power, authority or discretion to close the hearing for two days and to derogate from the constitutional principle of open justice. It also breached rule 59 ETRP 2013 which states that the final merits hearing shall be held in public with the exception of anonymisation/restrictions on disclosure and national security considerations.

My fundamental rights under the ECHR (Articles 1, 6(1), 8 and 14), the ICCPR (Articles 2, 14, 17 and 26) (and the UDHR), HRA 1998 (s 6 (1)) and the common law principle of natural justice were violated. More specifically, my appeal notice stated that the tribunal breached Article 6(1) ECHR in relation to fairness of procedure and the equality of arms, Article 6(1) ECHR in relation to my right to a fair hearing by an impartial tribunal and Article 6(1) ECHR in relation to the reasonable time requirements. There were also breaches of the equality and non-discrimination legal principles enshrined in the Convention as well as Article 8 ECHR in so far EJ Perry made false and unwarranted statements of alleged unreasonable conduct by me in his judgment and failed to stop or reduce the continued violation of my right to human dignity and personality rights (Kudla v Poland, No 30210/96, 26 October 2000).

It was fundamentally the case that a fair trial was possible and commanded by the law. The tribunal prevented it. It manifested bias towards me and the Judge, who conducted the hearing, has refused to release the audio recording of the tribunal proceedings on 24 and 25 July 2023, when he closed the hearing to the public, in order to obtain the transcript I am entitled to receive.

Having made several requests to the tribunal to release the audio recording and having failed to receive adequate legal reasoning for their refusal, I submitted a second appeal to the Employment Appeals Tribunal a couple of weeks ago.

I do not know how quickly my appeals will be determined and thus when I will be able to highlight the injustice I have suffered at Warwick University in a full merits public hearing in order to be reinstated (-as I have stated to the ET) and to receive an apology for my protracted and unacceptable ordeal from the Vice Chancellor, Professor Stuart Croft, and the pro-Vice Chancellor, Professor Christine Ennew.

But my quest for justice and public authorities’ compliance with the law remains unaffected. Law is beautiful and, when there is no compliance with it, should not be blamed.

I count on your continued support and solidarity and would like to thank you for both of them!

With all good wishes,

Dora Kostakopoulou

September 2023