I think in ETs and trials the panel are allowed to infer things because people will lie. I don't think, unlike USA courtroom dramas, it is necessary for someone to make a confession in the stress of the moment.
But if something useful is entered into evidence through testimony NC can invite the panel to infer something from what is present. This inference will depend in large part on the panel's view of the witness's credibility.
If MD had been calm and consistant she would be more credible. I think ET judges allow some room for the stress of being giving evidence.
It is quite clear to me that when MD was being asked if she should be investigated in the same way they planned to investigate SM for wearing that trans inclusive feminist tee out at a public event and instead of replying with something credible ie I didn't attack treasured members by name, she went completely off piste 'I welcome investigation...called a bastard' which was an attempt at misdirection before saying 'There were no complaints'
And by making that assertion making it clear that she knew an investigation required something more to be feasible within Employment Law settings, and what would justify it was complaints.
And so she went and engineered complaints because for all the twitter stuff no one had actually complained. To ensure that she got complaints it is possible to infer from the cc action and the next day responses, all quite similar and only three (and the exclusion of two positive emails which MD did not include in her WS) and one from an organisation that hasn't worked with BFF in any capacity for over a decade it is reasonable to infer collusion.
And if you infer that the complaints were engineered to satisfy the process it is reasonable to infer that the investigation was being forced into being in order to sack SM.
And there you have constructive dismissal, hostile working environment and harassment.