TT
J No - I have both sides of argument in front of me for all the points, will let you know if not.
NR Starting with law. AM has raised two EU commission cases not in her subs. Surprised - and both predate Aweds {sp?!} and Higgs. Strasbourg views change over tim
Contrary to skeleton argument Higgs is relevant. She did work with the children. Chandelle, Wasterly and Page (?) cases - all involved misconduct at work. I spent time on Higgs cos facts are strikingly similar and where they differ they favour the C - anon on twitter.
Higgs - court found dismissal inappropriate. Article 10 balances employers right. Here C tweeting had no obvious connection to employer. R treated GC lesser in EA that others - no hierarchy of PCs. Ppl don't have to agree, SK publicly promotes views on other side of debate.
BY went further - GC Losers. Also at work - if at work you are associating shame towards colleague because of what they believe - not okay. AT Q - was reasons for treatment caused by GC views themselves. If so, C succeeds. R Needs to prove not dx. R burden needs to prove
that tweets not acceptable. May 2023 meeting re dx - only relied on as harassment, not section 15 claim. Sect 15 - R needs to justify conduct. I stand by disclosure and witness choice. Never been systemic look at evidence. Vast swathes of relevant evidence not disclosed.
Must be more correspondence to JO. The witnesses have drafted WSs with ref to docs not in bundle. R hasn't contact some ppl to be witness - if accused of dx should contact. They were trying to bring the C down, working towards this even though they had left MCC.
They should have been brought to defend actions.
AR Philosphical belief - surrogacy not to be relied on. We focus on GC and Catholic. I stand by subs c GI. Surprised to see. There is conflicting comments - not about whether causes harm, it's what ppl believe.
Two themes of case. The TWAW MCC resolution. That appears to have caused great confusion in R - that to work at R requires you to agree or not to say anything publicly against it. Wrong in law, but was weaponised against the C from the beginning to the end.
JO email c how brave you've been to raise this [re C views] - hold me to account. SN Said if C said TWANW would be challenging for C in her role. JO later said would be incompatible. R lawyers seem to be advising that behaviour is incompatible with MCC resolution.
Two - everyone saying that C behaviour is unacceptable. Language adopted re C liking tweets - traumatised, SN can't bring herself to send on material. Official R position is tweets unacceptable, grossly offensive - no one seems to have looked carefully and analysed material.
Trans age response to cross exam - I don't think witness understood q. Problems with moderation. Was legal advice from early on, from at least 2023, probably before. The line they've been told to repeat is it's not what you say it's the way that you say it. JO thought it
immoderate to say TWAW - anything against MCC policy. Nothing across any of ix that focused that it was a private act. C thought talking among GC community. Those who suspected were 3 of 4 ppl and weren't sure.
eg Sk comments Equal treatment required no dx against C. SH expresses views against GC views, and BY does so - no pushback. Ppl complained against C been online in own name called GC ppl GC losers, no action taken. R found C unemployable at R, regardless of team/
dept. "Someone with your views..." Jo agreed with that proposition. Tweets objectionable or not - decision for tribunal not R. C ill health. R converted from dx to SOSR but only change in practice was to lessen burden on R. You can keep it as dx with adjustments for health.
You can't just relabel it as SOSR and not look at evidence. Re AM - I am unclear what legitimate aims are or how R conduct is rationally connnected. C professionalism in job not attacked. No finding of fact that C misbehaved at work. Not R basis for dismissal.
Evident is that C worked well with t rights and colleagues, led meetings etc. JO never suggests anything contrary. Re harm. What is evidence of harm? Ms Harrington was clear no past harm caused by C conduct. JO said no past of future harm caused by C conduct.
AR C paras. [reads] complaints that C expressed hostile views to t ppl at work. Not the case put to C or case R has advanced. Can't dismiss someone cos someone has allege something. Also they're wrong. R reputation - not harmed. Knowing C id as GG has caused damage
and has potential to damage R. This is not part of R case. Not part of evident R has advanced. Damage never properly ix'd. None of ppl in team knew C was author of team - they all say hope she isn't. These exhibit anti-GC views, eg concern about purple, green, white colours.