Okay this is Day 2 Session 3 of #MorrisonvBFF
Previous session can be found here:
Previous session can be found here:
https://x.com/nickwallis/status/1988214461430460725?s=20
SM - Sara Morrison, Claimant (C)
BFF - Belfast Film Festival, Respondent (R)
SD - Sean Doherty, BFF's barrister
NC - Naomi Cunningham, SM's barrister
J - Employment Judge Lisa Sturgeon
BFF - Belfast Film Festival, Respondent (R)
SD - Sean Doherty, BFF's barrister
NC - Naomi Cunningham, SM's barrister
J - Employment Judge Lisa Sturgeon
MD - Michele Devlin, CEO of BFF
MC - Mark Cousins, BFF board member
LM - Lawrence McKeown, BFF founder and board member
MC - Mark Cousins, BFF board member
LM - Lawrence McKeown, BFF founder and board member
LWS - Let Women Speak, a touring event run by (@ThePosieParker) at which SM spoke at in Belfast on 16 April 2023.
SM (@SeeRedWoman1) is ready to continue her cross-examination (xe), but there is some legal chat about amendment to the list of issues.
SM (@SeeRedWoman1) is ready to continue her cross-examination (xe), but there is some legal chat about amendment to the list of issues.
The legal chat has escalated to a hearing within a hearing on the proposed amendment to the list of issues and some discussion as to whether it should be held in private or public.
The panel have risen for 10 minutes do discuss whether the amendment hearing should take place or the proposal dismissed and if the hearing will happen, whether it will happen in public or private.
The issue is about an email sent by MD (cc-ing SM) to LGBT groups...
The issue is about an email sent by MD (cc-ing SM) to LGBT groups...
... asking them various questions about the BFF's involvement in that year's Belfast Pride. NC is arguing that the act of sending the email was part of the detriment against SM, and SD is reluctant to accept the change on the basis that a) this is an unnecessary second bite of...
... the cherry and b) it wasn't a detriment as SM agreed to it at the time.
The document itself is in evidence, but only as evidence of something that happened not as part of a claim of detriment.
The courts here are tiny, but it's a very modern building with friendly and informal staff. Three courts have been given over to this tribunal, with the main event in Court 1 and overspills in Courts 2 and 3
There's a large waiting room with sofas, a vending machine and large central table to work at and off that room two consulting rooms for the parties.
SM has a between 10 - 20 supporters here today as well as her mum and dad. Michele Devlin and Mark Cousins are here today, plus at least two others. This is not including the legal teams of course who are both very approachable.
Laurence McKeown is here too - apologies for misspelling his name earlier.
[J is back]
J the panel and will not allow the amendment.
[SD back to xe'ing SM - we go to her resignation]
SD response to SM's resignation
SM yes
SD reads "Dear Sara
It was with great regret that I read your resignation email.
The narrative on social media and i n various correspondences from you from the
very start made s o many misconceived assumptions about myself and Belfast Film
Festival.
We made a neutral request for an investigation into complaints w e received. This
investigation never took place because you initiated an internal grievance
process, quickly followed b y a n external legal process. The investigation was
thwarted by the fact these two processes had t o be dealt with first. I would like to
make it clear that the investigation was not a "misconduct investigation", it was
intended to be a neutral, fact-finding process, as is our right as an employer
where complaints are received.
In addition t o the damage t o the reputation o f our organisation, your colleagues
and I have suffered greatly from stress, ill-health and hurt throughout this entire
process. I t has been the most difficult 1 6 months of my entire life.
I wish you and your family well and hope you find satisfaction in whatever
direction your life and career go next.
With warm regards
Michele"
J the panel and will not allow the amendment.
[SD back to xe'ing SM - we go to her resignation]
SD response to SM's resignation
SM yes
SD reads "Dear Sara
It was with great regret that I read your resignation email.
The narrative on social media and i n various correspondences from you from the
very start made s o many misconceived assumptions about myself and Belfast Film
Festival.
We made a neutral request for an investigation into complaints w e received. This
investigation never took place because you initiated an internal grievance
process, quickly followed b y a n external legal process. The investigation was
thwarted by the fact these two processes had t o be dealt with first. I would like to
make it clear that the investigation was not a "misconduct investigation", it was
intended to be a neutral, fact-finding process, as is our right as an employer
where complaints are received.
In addition t o the damage t o the reputation o f our organisation, your colleagues
and I have suffered greatly from stress, ill-health and hurt throughout this entire
process. I t has been the most difficult 1 6 months of my entire life.
I wish you and your family well and hope you find satisfaction in whatever
direction your life and career go next.
With warm regards
Michele"
SD that's not employer glad to see you go
SM "having seen the discovery I would say very different"
SD moves on - you were taken off the Pride event were you
SM that was by agreement
SD you were happy about that
SM yes
SM "having seen the discovery I would say very different"
SD moves on - you were taken off the Pride event were you
SM that was by agreement
SD you were happy about that
SM yes
SD takes SM to an internal email from MD in which SM is copied in from 6 July 2023 "Sara i s content and relieved not t o work on the Pride o n the Big Screen Event, and
instead will work on other BFF projects during that lead up and delivery period at the
end of July - including the event o n July 30th.
The board need to look into the issue surrounding the email complaints w e have
received from LGBTQ umbrella organisations. In the interests of impartiality a HR
company will be brought in t o carry out the investigation."
instead will work on other BFF projects during that lead up and delivery period at the
end of July - including the event o n July 30th.
The board need to look into the issue surrounding the email complaints w e have
received from LGBTQ umbrella organisations. In the interests of impartiality a HR
company will be brought in t o carry out the investigation."
SM I don't recall this part of the email
SD the event was cancelled
SM as far as I'm aware
SD takes SM to an email to MD dated 11 July "For context, Mark, a friend of mine who i s a prominent activist has been fielding calls from the community about a
boycott o f the Pride event, or a protest a t it. H e is sympathetic to u s and called m e to say h e was concerned about
the reputation of BFF a s he has always been a great supporter - he advised them against but said they were pretty
determined. This was after a survey monkey email went out to the community from Sara recently. In light o f this I think it may be a sensible decision t o postpone until the investigation is complete, but I'm happy t o take on board others' opinions; Michele perhaps this info fed into your decision?"
SD the event was cancelled
SM as far as I'm aware
SD takes SM to an email to MD dated 11 July "For context, Mark, a friend of mine who i s a prominent activist has been fielding calls from the community about a
boycott o f the Pride event, or a protest a t it. H e is sympathetic to u s and called m e to say h e was concerned about
the reputation of BFF a s he has always been a great supporter - he advised them against but said they were pretty
determined. This was after a survey monkey email went out to the community from Sara recently. In light o f this I think it may be a sensible decision t o postpone until the investigation is complete, but I'm happy t o take on board others' opinions; Michele perhaps this info fed into your decision?"
SD so the board was put on notice there would be a protest or boycott of any event
SM yes
SD and that was as a direct result of your actions
SM yes
SM yes
SD and that was as a direct result of your actions
SM yes
SD takes SM to text from MD re the "investigation" copy: " have just had a
phone meeting with
Sara - she is aware
of what we are
tweeting and is
content. She thinks
it reads well and will
do what we need it
t o do"
phone meeting with
Sara - she is aware
of what we are
tweeting and is
content. She thinks
it reads well and will
do what we need it
t o do"
SM explains she was very stressed, her sister was ill
SD but you accept you agreed it
SM "I was very very anxious all I was thinking was I haven't been sacked, wasn't listening wasn't comprehending, but in retrospect it's not my job to decide what a tweet should say"
SD but you accept you agreed it
SM "I was very very anxious all I was thinking was I haven't been sacked, wasn't listening wasn't comprehending, but in retrospect it's not my job to decide what a tweet should say"
SD takes her to another MD text:
"Sara - would you
please sign yourself
out of both BFF insta
and Twiter accs. We
have a duty of care to
you - and I think you
being as far removed
from our social media
stub at the minute
would be best for
your mental health. If
you are concerned
about geting info
later don't worry - we
wil have it al there
for u"
"Sara - would you
please sign yourself
out of both BFF insta
and Twiter accs. We
have a duty of care to
you - and I think you
being as far removed
from our social media
stub at the minute
would be best for
your mental health. If
you are concerned
about geting info
later don't worry - we
wil have it al there
for u"
SD this is the action of a caring employer
SM yes
SD we go to the BFF statement: "Belfast Film Festival hold central values of inclusivity and have a highly
respected track record o f support for the LGBTQl+ community
throughout our 25+ year history.
W e fully support Belfast Pride's Focus o n trans rights for the 2023 Pride celebrations. We
are cürrently reviewing concerns raised relating t o diversity matters, Please be assured w e
take all concerns relating to inclusivity issues very seriously:
We are looking forward to delivering the Pride On The Big Screen event with our usual
commitment to inclusivity and solidarity; and we want to assure our audience that
everyone will be treated with the utmost respect and dignity at this day of screenings,
and a t any events w e hold i n the future. We passionately support, and will continue to
celebrate and defend, the LGBTQ|+.community."
SM yes
SD we go to the BFF statement: "Belfast Film Festival hold central values of inclusivity and have a highly
respected track record o f support for the LGBTQl+ community
throughout our 25+ year history.
W e fully support Belfast Pride's Focus o n trans rights for the 2023 Pride celebrations. We
are cürrently reviewing concerns raised relating t o diversity matters, Please be assured w e
take all concerns relating to inclusivity issues very seriously:
We are looking forward to delivering the Pride On The Big Screen event with our usual
commitment to inclusivity and solidarity; and we want to assure our audience that
everyone will be treated with the utmost respect and dignity at this day of screenings,
and a t any events w e hold i n the future. We passionately support, and will continue to
celebrate and defend, the LGBTQ|+.community."
SD you reply "that's so good! xx"
SM yes
SD doesn't mention you, does it?
SM no
SM yes
SD doesn't mention you, does it?
SM no
SD takes her to an message re MD sending her code to log back into her email - so yes she did send the code to the wrong place, but she is telling you she sent it
SM yes
SM yes
Another interesting text exchange:
SM "Hey - my anxiety is
through the roof and
I haven't slept - I
need to take today
off t o look after my
mental health &
hopefully back to-
morrow in much bet-
ter form x"
SM "Hey - my anxiety is
through the roof and
I haven't slept - I
need to take today
off t o look after my
mental health &
hopefully back to-
morrow in much bet-
ter form x"
MD replies: "So sory to hear that
Sara. You'd a lot on
with your sister yes-
terday too. Try to get back to
sleep now if you can.
I took your advice
last night and had a
glass of wine.. l
sometimes think al-
cohol makes anxiety
worse ...I haven't
slept much myself it
was a stressy day for
everyone in the of-
fice."
Sara. You'd a lot on
with your sister yes-
terday too. Try to get back to
sleep now if you can.
I took your advice
last night and had a
glass of wine.. l
sometimes think al-
cohol makes anxiety
worse ...I haven't
slept much myself it
was a stressy day for
everyone in the of-
fice."
[this was on 5 July 2023]
SD so MD is being sympathetic to you
SM yes
SD so MD is being sympathetic to you
SM yes
SD takes her to MC's 6 July text to other board members:
"As a board member I think Sara should b e removed
from any o f our trans and queer projects a t once. We
should tell her that this doesn't affect her
employment rights, and she can b e deployed i n other.
ways i f necessary. W e should then inform the queer
groups who are rightly critieising us. We can't ask
trans people t o work with her in any way. It is deeply
disrespectful t o them. Our reputation has already
been damaged somewhät b y these events; but we
can halt that now. It's the right thing to do. x"
"As a board member I think Sara should b e removed
from any o f our trans and queer projects a t once. We
should tell her that this doesn't affect her
employment rights, and she can b e deployed i n other.
ways i f necessary. W e should then inform the queer
groups who are rightly critieising us. We can't ask
trans people t o work with her in any way. It is deeply
disrespectful t o them. Our reputation has already
been damaged somewhät b y these events; but we
can halt that now. It's the right thing to do. x"
SD you only saw this as part of the discovery process after you resigned
SD nothing her about you being sacked
SM no
SD you accept MD has to make operational decisions
SM yep
SD you were taken off the Pride on the Big Screen and you didn't send the 3 July email
SM yes
SD so the only instance of you being removed from work are two instances you agreed to
SD nothing her about you being sacked
SM no
SD you accept MD has to make operational decisions
SM yep
SD you were taken off the Pride on the Big Screen and you didn't send the 3 July email
SM yes
SD so the only instance of you being removed from work are two instances you agreed to
SM I didn't feel like I had a choice with the email
SD takes her to LM text "Yes: Lisa, as Michele said, treading a thin line. I think:
the suggestion of removing her from any
engagement with trans o r queer groups seems to be
the solution. A s an organisation we must have the
(legal) capacity to redeploy staff according to our
needs/ wishes a s long a s i t does not break any
employment contract. "
SD takes her to LM text "Yes: Lisa, as Michele said, treading a thin line. I think:
the suggestion of removing her from any
engagement with trans o r queer groups seems to be
the solution. A s an organisation we must have the
(legal) capacity to redeploy staff according to our
needs/ wishes a s long a s i t does not break any
employment contract. "
SD so keen to ensure it was within the law
SM yes
SD and MD says "here also a few
individuals o n social media / and direct messaging us
who seem to have an aggressive vendetta against
Sara. I have told her to step away from social media
and sign out of any BFF social platforms she was
working on for now - we have a duty of care to her as
a n employee."
SM yes
SD and MD says "here also a few
individuals o n social media / and direct messaging us
who seem to have an aggressive vendetta against
Sara. I have told her to step away from social media
and sign out of any BFF social platforms she was
working on for now - we have a duty of care to her as
a n employee."
SD now that's her expressing her duty of care to you
SM yes she said that in response to what LM said "I think we can limit the damage and show that
a s an organisation w e responded promptly and
comprehensively once the issue was brought to our
attention. I think the individuals and organisations
who contacted Michele regarding the issue have
actually been very generous in terms of how they
have framed their criticisms."
SM yes she said that in response to what LM said "I think we can limit the damage and show that
a s an organisation w e responded promptly and
comprehensively once the issue was brought to our
attention. I think the individuals and organisations
who contacted Michele regarding the issue have
actually been very generous in terms of how they
have framed their criticisms."
SD yes - so she's pushing back to LM to say you have been targeted
SD takes her to an email from Lisa Sarros D'sa, another board member who writes: "Hi all, MT and Michele are on holiday this week so l
wanted t o give you a quick update. Michele has
gathered further formal complaints relating t o Sara.
And refusal to d o certain aspects o f her job involving
these issues and groups in itself constitutes gross
misconduct. So pending further legal discussion
things are moving toward a clear destination - again
it's just about doing everything in the correct way."
wanted t o give you a quick update. Michele has
gathered further formal complaints relating t o Sara.
And refusal to d o certain aspects o f her job involving
these issues and groups in itself constitutes gross
misconduct. So pending further legal discussion
things are moving toward a clear destination - again
it's just about doing everything in the correct way."
SD you didn't see that at the time did you
SM no
SM no
SD judge I believe that should be me but I wonder if I might have 5 minutes just to review my notes
J sure - might not start a new witness today
NC I'll just need ten minutes for re-examination
[court rises for a short break]
J sure - might not start a new witness today
NC I'll just need ten minutes for re-examination
[court rises for a short break]
[court returns]
SD the court will be pleased to know I have no further questions
NC no re-examination
SM great!
J you are free to leave
[discussion of schedule going forward]
SD the court will be pleased to know I have no further questions
NC no re-examination
SM great!
J you are free to leave
[discussion of schedule going forward]
[SM is the only witness for C, so R's start tomorrow, likely with MD]
[at 10am. court rises]
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So that's the end of the live tweeting for today. If you'd like to get my newsletter tonight about today's evidence, please consider a donation here:
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