Thread by @tribunaltweets2

Midlands East Employment Tribunal
'There is no remote access available as yet and we are waiting for the Judge to provide guidance on this issue. We will let you know once this issue has been addressed.'
Bernard Randall vs Trent College
We will return when we have access.

We have been granted access and will begin tweeting. We have been denied access to the proceedings so far but will do our best.

Access is only a single camera of the recording and a general microphone for all of the participants in the room. This will create some difficulties in identifying counsel and who is speaking.

BR is currently giving evidence under examination. Discussion of the protected characteristics under the Equality Act.

PW: suggests that gender identity might be understood to be a protected characteristic. Isn't that a reasonable way to understand it?
BR: No.
PW: <discussing an inset session at which this was discussed> Did you become aware that the individual

was coming at it from a Marxist perspective.
BR: During the day it seemed that was the case.
PW: directing BR to a page of the bundle, notes of investigation meeting, version amended by BR. It appears that you have approved this. Are you happy with this ?

PW: look at the middle of page 4371 it says 'I initially said to deputy head, I have a problem with some of the content (inset day), it goes against Christian values'. Are you happy with this.
BR: Yes,
PW: you told dep head that 'educate and celebrate' was not in accordance

with the school's ethos. Do you agree?
BR: I said something along those lines. Some version of that. Possibly I would have said 'I wouldn't agree with it as a Christian and it goes against Christian teaching'
PW: Did you say to him that 'it goes against the school's ethos'

BR: I don't recall using those exact words, but perhaps he (head) was acknowledging that the school has a Christian ethos.
PW: You say you were given assurances that they had not known the full content of the session in advance. I put it to you as they told you this after

but you were not given assurances (referring to staff chanting during inset day)
BR: I have a very strong recollection that they said that to me.
PW: You say you were told that it was agreed that you should be part of the E&C group. They do not agree with you.

BR: I have a strong and clear recollection that I was to be part of the E&C group.
PW: the programme was implemented during the year that the inset session took place. Were you aware it was being implemented?
BR: no, I thought it was a staff inset day. There are

different types of inset days. I thought it was just 'things to think about as educators' not a programme launch.
PW: you were told to share your views or insights at regular scheduled meetings, do you agree?
BR: seeking clarification, agrees.
BR: I did share some concerns in

those mainly administrative meetings but they lasted 10-15 minutes. I did not share in depth thoughts because I was expecting to be part of the E&C (educate and celebrate) group.
PW: what you do say 'I had a meeting with JH a few days later about GI being wrong, education is

fine but should it be included in Pride? Pride is one of the 7 deadly sins, and I'm not sure it is appropriate.
PW: pointing out contradictions between record of investigation at the school and witness statement about discussions with headmaster after the E&C inset day
BR: yes

But in the investigation meeting, I was not prepared, I did not have time to think, consult diary, etc. And the other is my witness statement that I have had time to prepare carefully and ensure it is accurate and comprehensive.
PW: you told him GI was 'wrong'.
BR: I told him

that GI was not protected characteristic under the Equality Act.
PW: but the note of the meeting says it was 'wrong'
BR: yes, I had the chance to review that note, but I did not try and correct every single word only points of substance.

PW: you said that the LGBT group should not be called Pride.
BR: it seems unfortunate to name a group at a christian school after one of the 7 deadly sins.
PW: why did you not pursue this?
BR: I was expecting to be involved in E&C.

PW: seeking clarification on when and how BR asked to be involved in the E&C group.
BR: It was on the day of the inset day.
PW: did you not ask at the subsequent meeting it seems that you said you did ask
BR: I did ask on the inset day, I was told

I would be involved.
PW; 4 weeks later you were told not to attend the E&C because you might be expressing different views than the leader of that group.
BR: I'm not sure, that may be what was said during the investigation.
PW: in view of the objections that you had expressed

it would be fair for him to assume that you didn't agree with him
BR: It would be fair for him to assume that I did not agree with some aspects, including, calling it "Pride" as that is one of the 7 deadly sins.
Judge calls afternoon break. Back in 10 minutes.

Abbreviation:
E&C - Educate & Celebrate. The 'brand name' of the diversity programme at TC, launched or introduced at a staff inset day.

EJ - chief judge for the Employment Tribunal
Panel - either of the other two members
As we were granted access late, we do not have the names of the judge or the panel members.

PW: when you approached the head in autumn 2018, summarising - somethings you agreed with, somethings you didn't. You were angry when you spoke with him.
BR: is that a question?
PW: were you angry? You were angry, weren't you.
BR: I was not angry.

PW: you wouldn't agree that you were angry.
BR: I do not know where that came from.
PW: you weren't invited to any meetings of E&C. Head can't remember what month he spoke to you but that he explained to you that you were 'too angry' to be involved.

BR: he did not say that, I was not angry. He told me that I might disagree with him.
PW: you can't be precise about when these things were said.
BR: that note is from the investigation meeting, when I was answering on the spot, my witness statement is when I could consult

my diary etc.
PW: you didn't correct this note, despite the fact that you were involved in a disciplinary proceeding
BR: It was probably what I said in the meeting, I wasn't offered the opportunity to correct that record of events.

PW; regard to the exclusion from the E&C group, he told you that you were too angry. And you were told that if members of the E&C group needed your input you would be consulted.
BR: I do not recall that.
PW: You were told that your access to the head, would allow you

input to the E&C.
BR: what he said was 'leave it in my hands'. I took that to mean that he was dealing with it to add me to the group.
PW: email from Mr H to you Jan 19, reflects that you had meetings with him, point 6, I'm happy to look in more detail at the E&C programme

with you to address any areas of concern. He did tell you that your access would allow you to raise things.
BR: no, those are two different things.

PW: Another email in Jan 2019, regarding an inset day on E&C, that it was being implemented.
BR: that is what I realised at that inset day.
PW: did you believe that it the decision was yet to be made about implementing it.
BR: Yes, I understood that.

PW: You said that were told that the school had decided to pursue the entirety of the programme to get the gold award. That was not the case.
BR: that was what were were told.
PW: in fact the school received a silver award, did not meet the criteria to get the gold.

PW: back to Jan 19 inset session. Teacher gave presentation on progress on E&C.
BR: Not what was said. The intention of the session was announcement of going for the gold award. And introduction of materials and looking at the materials.

PW: when you arrived at the meeting you hadn't noticed anything different about the school environment.
BR: I can't quite recall when I saw different things. There had been no announcement, no official launch. I had the impression that certain staff members were very keen.

BR: There were posters, stickers on books, things like that. It is not like every inset session that ever happened became school policy.
PW: you noticed posters, what did you see
BR: with a complex sort of logo, the Pride flag, diversity, etc. Included

the incorrect characteristics under the Equality Act.
PW: you were invited by the inset session for input. Did you ask him to be involved?
BR: It would be inappropriate for me to ask him, that wasn't the nature of the session. I went to my line manager to express concerns.

PW: you didn't ask to be involved at that point?
BR: I had been very firmly rebuffed, was told we were going to the gold award, no further input required.
PW: you felt strongly about the matter, you did not ask to be involved?
BR: I was told there was no further discussion.

PW: don't recall any staff wide consultation, and the governors were ignorant.
BR: Yes.
PW: it was not a secret that it was being implemented
BR: it was not apparent to me that it was being whole heartedly implemented going for the gold award.

PW: You said 'to the best of my knowledge, the governors were not aware'. The point I am challenging is are you referring to 'going for gold' or 'knowledge of the E&C programme'.
BR: I think that I meant 'going for gold' although I did not what if anything they knew.

PW: Refer to minutes May 2018 of board subcommittee, was kept appraised of the offer of a programme 'E&C'.
PW: you don't dispute what these notes say.
BR: I wasn't there.
Judge: clarifies that the minutes make it clear that there was some knowledge.

BR: This document makes it clear that some subset of the governors had some knowledge that a diversity programme had been offered and was being considered.
PW: you spoke with one of the governors, she had no idea of E&C being implemented.
BR: yes, that's correct.

PW: you said 'confirmed my suspicions'. What did that mean?
BR: confirmed my view that there was not a properly worked out process and sufficient information to the governors.
PW: what did you understand when she said she would take action.

BR: I assumed that she would follow up and get back to me.
PW: I am proposing to stop there.
Judge: Yes, it has been a productive if tiring day and we will stop there for today.
Resuming tomorrow at 10 am.

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