125 In cross-examination, Ms Grover agreed that Ms Tickle would have been removed from the Giggle App when Ms Grover examined her photograph, with Ms Grover deciding from viewing of that photograph that Ms Tickle was not a woman and hence removing Ms Tickle. Ms Grover could not recall removing Ms Tickle specifically, but stated that it was her practice to review users' onboarding selfies and block anyone who appeared male to her. As I have found, at the time that Ms Tickle was removed from the Giggle App, Ms Grover was most likely responsible for the majority of the human reviews of user photos. It is most likely that it was not just that Ms Grover did the majority of those reviews, but the overwhelming majority, to the likely exclusion of any significant volume being done by anyone else. That probably accounts in part for Ms Grover's lack of any specific recollection of having done so in relation to Ms Tickle.
126 When asked about the reason for removing Ms Tickle on viewing her application photograph Ms Grover said "the same as removing all males, yes". As Ms Grover has otherwise in her evidence stated that she does not specifically remember removing Ms Tickle from the Giggle App, I take this answer to mean that Ms Grover believes she would have removed Ms Tickle with the intention of effecting the Giggle App's rule that it be female only. In other words, I accept Ms Grover's evidence that the likely reason for the applicant's removal from the Giggle App based upon her application selfie was not for the reason that Ms Tickle is a transgender woman, but rather because Ms Grover perceived the selfie to be a photograph of a male and would have removed Ms Tickle for that reason. This accords with the respondents' statement in their written submissions that Ms Tickle was excluded from the Giggle App by Ms Grover upon her visual perception of Ms Tickle's male sex. Ms Grover's evidence is that she did not look again at Ms Tickle's Giggle App selfie when she was contacted by Ms Tickle at a later date about her removal from the Giggle App. There is no reason to doubt that evidence.
127 There is an apparent inconsistency between Ms Tickle being allowed to use the Giggle App for some months before being blocked and the user review processes Ms Grover described, which was not addressed by either party. While nothing turns on this, it appears to me most likely that while the Kairos AI granted access to Ms Tickle on its review of her onboarding selfie in February 2021, Ms Grover did not herself review that selfie until much later in the year. While Ms Grover has explained that Giggle staff received a daily users report that showed them the onboarding selfies of those who had recently joined the Giggle App, Ms Grover has also stated that a large number of people, between 50 and 5,000 per day, were attempting to join the App. It is therefore possible, and even quite likely, that, even if Giggle staff were being sent these
