Employee Relations Manager
Charlotte (Mayne) Pears
This woman hindered my preparation for my Appeal hearing and Tribunal. The following information with documentational proof to back up what I say will show exactly what I was up against.
Why would TPE engage a solicitor against me before my dismissal? How can I possibly have a fair and open hearing and appeal when TPE have a solicitor behind the scenes directing them? What does this tell you as someone reading this section?
This starts back in 2008 when I applied for 2 weeks parental leave, Charlotte Pears keeping with tradition IGNORED my application and never responded at any time after.
At my Hearing Route Driver Manager Mark Atkinson was even unsure about my parental leave when he said.
“You were booked leave between 8th March and 5th, 7th May which obviously was a mixture of annual leave, rest days and Parental leave which obviously you took yourself off to Thailand”.
My immediate response was, "I didn't realise I had been granted parental leave to tell you the truth, I thought my holidays was from 5th March to 27th April".
This is where Employee Relations Manager Charlotte (Mayne) Pears could have intervened and explained herself, because as I will point out, she does intervene when it is in her mind damaging to me. Instead she remained quiet, because she had no way of answering my response.
The following is an extract from an email sent to me by Charlotte (Mayne) Pears on the 29th May 2009.
"You state that we were aware that you were in Thailand, however unfortunately we were not aware that you were out of the country as you previously advised that you would be available from 27th April".
If I had of been granted parental leave then why would I be available from the 27th April if this leave lasted a further 2 weeks?
While in Thailand I faxed all of my sick notes to Charlotte (Mayne) Pears, she even states in the email sent on the 29th May 2009.
"I would also like to point out that we didn't just decide to stop your wages, you were written to and advised that in order to continue to be paid you needed to send your current certificates, this situation hasn't changed. I understand that all your sick certificates are up to date, however in order to consider reinstating company sick pay you should forward me your current sick certificates".
Obviously I was unaware that any letters had been sent to me because of where I was, I cannot understand why upon receiving no response Miss Pears or one of my immediate managers never attempted a phone call to my home address or mobile, or even a house visit especially bearing in mind that they were aware that I was suffering depression. I think it is called a "CHAIN OF CARE"?
The following extract is from an email sent by Charlotte Pears on the 17th June 2009.
“As a further result of you not cooperating we feel we have been left with no alternative to stop the investigation into your complaint against management conduct and to proceed with the disciplinary hearing which will be heard by Mark Atkinson, Route Driver Manager South and is currently being arranged for Thursday 25th June 2009 given that this is the date you have said you will be available. Further details of the hearing will follow under separate cover”.
My response was, "Due to my illness I have numerous problems, especially mentally, when I arrive back in the Uk I would need time to prepare my defence, again bearing in mind my current mental state this could take time, it may well be the case that my own GP says I am unfit for work".
The Investigation was promised by the then Managing Director Vernon Barker who said the following in his email of the 18th February 2009 to me.
Vernon.Barker@firstgroup.com
To Perry Webb Hotmail
I've now had chance to look into this and as you would expect am alarmed at a number of issues and suggestions.
You'll know that I place a priority on safety and have asked that the investigation into your allegations regarding the units and concern over maintenance is completed and reviewed immediately so I can assure myself that safety risks are not run.
Separately as you will be aware the way in which safety concerns are raised may take a number of routes both formal reporting and confidential hotlines should the case require. I equally know that the circumstances around your reporting faults recently in the train defect book needs fully investigating and I would encourage you to co-operate fully with this investigation.
Picking up that you have concerns over the motive of your immediate local management I have asked Paul Watson, Operations Director to assign an independent driver management party to conduct the above investigations.
Separately FTPE have a clear harassment policy and I am aware you have suggested that local management have acted in a way that does not act in accordance with that policy. I have further asked Paul Watson to engage an independent party to review this suggestion. I will not, nor shall my colleagues, tolerate harassment at FTPE and any allegation will be fully investigated.
Finally, Perry I am aware you are off ill. I have always sought to be clear on the referral of anyone to BUPA - we have an obligation to the individual to provide the appropriate support when needed and I believe this is the reason for the referral to BUPA.
I will rightly remain personally informed of the above investigations however as you'll appreciate there is an agreed investigatory and where necessary disciplinary and appeals process which I would not seek to influence. I will ensure however it is given the highest priority in reaching a conclusion.
I hope you feel that by ensuring independent driver management resource conduct the investigations and there is also an independent review of any alleged harassment that this matter is not being taken lightly and I have addressed you're desire to bring these matters to my attention. I await with interest the outcome of the reviews. [Details of those engaged to review will be followed up in due course].
Regards,
Vernon
Vernon Barker
Managing Director
First TransPennine Express
Ext Tel :0161-228-8100
Int Tel : 05 88100
Ext Fax : 0161-228-8120
Int Fax : 05 88120
SO WHAT HAPPENED TO:-
"Separately FTPE have a clear harassment policy and I am aware you have suggested that local management have acted in a way that does not act in accordance with that policy. I have further asked Paul Watson to engage an independent party to review this suggestion. I will not, nor shall my colleagues, tolerate harassment at FTPE and any allegation will be fully investigated".
AND
"I hope you feel that by ensuring independent driver management resource conduct the investigations and there is also an independent review of any alleged harassment that this matter is not being taken lightly and I have addressed you're desire to bring these matters to my attention. I await with interest the outcome of the reviews".
THIS IS WHAT HAPPENED:-
“As a further result of you not cooperating we feel we have been left with no alternative to stop the investigation into your complaint against management conduct".
No matter what, I was not in any fit state of mind to meet with any investigator prior to June 2009, I had sick notes certifying my illness as depression.
I explained this to Charlotte Pears who responded with the following extract from an email dated 19th June 2009,
“You have made reference to your current mental state and that your GP may say that you are unfit to attend work. However, being unfit for work does not necessarily mean that you are unfit to attend a hearing. You have stated that you will need time to prepare your defence as opposed to that you are medically unfit to prepare your defence".
"With this in mind, we have arranged for you to attend a medical examination with Dr Thomas at BUPA Health at Work, 111 Piccadilly, Ducie Street, Manchester on Thursday 25th June at 15:30 hours and rescheduled your disciplinary hearing to take place on Monday 29th June details of which will follow under separate cover".
"We believe that you have had adequate time to prepare your defence as the documentation was sent to you on 5th February 2009”.
THE FOLLOWING IS THE DOCTORS REPORT
Charlotte (Mayne) Pears
This woman hindered my preparation for my Appeal hearing and Tribunal. The following information with documentational proof to back up what I say will show exactly what I was up against.
Why would TPE engage a solicitor against me before my dismissal? How can I possibly have a fair and open hearing and appeal when TPE have a solicitor behind the scenes directing them? What does this tell you as someone reading this section?
This starts back in 2008 when I applied for 2 weeks parental leave, Charlotte Pears keeping with tradition IGNORED my application and never responded at any time after.
At my Hearing Route Driver Manager Mark Atkinson was even unsure about my parental leave when he said.
“You were booked leave between 8th March and 5th, 7th May which obviously was a mixture of annual leave, rest days and Parental leave which obviously you took yourself off to Thailand”.
My immediate response was, "I didn't realise I had been granted parental leave to tell you the truth, I thought my holidays was from 5th March to 27th April".
This is where Employee Relations Manager Charlotte (Mayne) Pears could have intervened and explained herself, because as I will point out, she does intervene when it is in her mind damaging to me. Instead she remained quiet, because she had no way of answering my response.
The following is an extract from an email sent to me by Charlotte (Mayne) Pears on the 29th May 2009.
"You state that we were aware that you were in Thailand, however unfortunately we were not aware that you were out of the country as you previously advised that you would be available from 27th April".
If I had of been granted parental leave then why would I be available from the 27th April if this leave lasted a further 2 weeks?
While in Thailand I faxed all of my sick notes to Charlotte (Mayne) Pears, she even states in the email sent on the 29th May 2009.
"I would also like to point out that we didn't just decide to stop your wages, you were written to and advised that in order to continue to be paid you needed to send your current certificates, this situation hasn't changed. I understand that all your sick certificates are up to date, however in order to consider reinstating company sick pay you should forward me your current sick certificates".
Obviously I was unaware that any letters had been sent to me because of where I was, I cannot understand why upon receiving no response Miss Pears or one of my immediate managers never attempted a phone call to my home address or mobile, or even a house visit especially bearing in mind that they were aware that I was suffering depression. I think it is called a "CHAIN OF CARE"?
The following extract is from an email sent by Charlotte Pears on the 17th June 2009.
“As a further result of you not cooperating we feel we have been left with no alternative to stop the investigation into your complaint against management conduct and to proceed with the disciplinary hearing which will be heard by Mark Atkinson, Route Driver Manager South and is currently being arranged for Thursday 25th June 2009 given that this is the date you have said you will be available. Further details of the hearing will follow under separate cover”.
My response was, "Due to my illness I have numerous problems, especially mentally, when I arrive back in the Uk I would need time to prepare my defence, again bearing in mind my current mental state this could take time, it may well be the case that my own GP says I am unfit for work".
The Investigation was promised by the then Managing Director Vernon Barker who said the following in his email of the 18th February 2009 to me.
Vernon.Barker@firstgroup.com
To Perry Webb Hotmail
I've now had chance to look into this and as you would expect am alarmed at a number of issues and suggestions.
You'll know that I place a priority on safety and have asked that the investigation into your allegations regarding the units and concern over maintenance is completed and reviewed immediately so I can assure myself that safety risks are not run.
Separately as you will be aware the way in which safety concerns are raised may take a number of routes both formal reporting and confidential hotlines should the case require. I equally know that the circumstances around your reporting faults recently in the train defect book needs fully investigating and I would encourage you to co-operate fully with this investigation.
Picking up that you have concerns over the motive of your immediate local management I have asked Paul Watson, Operations Director to assign an independent driver management party to conduct the above investigations.
Separately FTPE have a clear harassment policy and I am aware you have suggested that local management have acted in a way that does not act in accordance with that policy. I have further asked Paul Watson to engage an independent party to review this suggestion. I will not, nor shall my colleagues, tolerate harassment at FTPE and any allegation will be fully investigated.
Finally, Perry I am aware you are off ill. I have always sought to be clear on the referral of anyone to BUPA - we have an obligation to the individual to provide the appropriate support when needed and I believe this is the reason for the referral to BUPA.
I will rightly remain personally informed of the above investigations however as you'll appreciate there is an agreed investigatory and where necessary disciplinary and appeals process which I would not seek to influence. I will ensure however it is given the highest priority in reaching a conclusion.
I hope you feel that by ensuring independent driver management resource conduct the investigations and there is also an independent review of any alleged harassment that this matter is not being taken lightly and I have addressed you're desire to bring these matters to my attention. I await with interest the outcome of the reviews. [Details of those engaged to review will be followed up in due course].
Regards,
Vernon
Vernon Barker
Managing Director
First TransPennine Express
Ext Tel :0161-228-8100
Int Tel : 05 88100
Ext Fax : 0161-228-8120
Int Fax : 05 88120
SO WHAT HAPPENED TO:-
"Separately FTPE have a clear harassment policy and I am aware you have suggested that local management have acted in a way that does not act in accordance with that policy. I have further asked Paul Watson to engage an independent party to review this suggestion. I will not, nor shall my colleagues, tolerate harassment at FTPE and any allegation will be fully investigated".
AND
"I hope you feel that by ensuring independent driver management resource conduct the investigations and there is also an independent review of any alleged harassment that this matter is not being taken lightly and I have addressed you're desire to bring these matters to my attention. I await with interest the outcome of the reviews".
THIS IS WHAT HAPPENED:-
“As a further result of you not cooperating we feel we have been left with no alternative to stop the investigation into your complaint against management conduct".
No matter what, I was not in any fit state of mind to meet with any investigator prior to June 2009, I had sick notes certifying my illness as depression.
I explained this to Charlotte Pears who responded with the following extract from an email dated 19th June 2009,
“You have made reference to your current mental state and that your GP may say that you are unfit to attend work. However, being unfit for work does not necessarily mean that you are unfit to attend a hearing. You have stated that you will need time to prepare your defence as opposed to that you are medically unfit to prepare your defence".
"With this in mind, we have arranged for you to attend a medical examination with Dr Thomas at BUPA Health at Work, 111 Piccadilly, Ducie Street, Manchester on Thursday 25th June at 15:30 hours and rescheduled your disciplinary hearing to take place on Monday 29th June details of which will follow under separate cover".
"We believe that you have had adequate time to prepare your defence as the documentation was sent to you on 5th February 2009”.
THE FOLLOWING IS THE DOCTORS REPORT
As clearly evident from the above report, "not fit to return to work, unable to predict how soon his health will be restored, as yet is not receiving medication or counselling, either will be appropriate and possibly both in order to help him overcome his difficulties. There is clear evidence of anxiety and depression today".
Route Driver Manager Mark Atkinson says at my hearing, "When you did attend the medical it gave us medical evidence the state of your welfare and the reason for being absent, I will reinstate your pay on those grounds".
I had sick notes verifying my sickness, we had a Doctor supplied by TPE verifying these sick notes, we have Route Driver Manager Mark Atkinson agreeing with the Doctors diagnosis, so why stop this investigation into my claims of bullying and harassment.
SO WHAT DO YOU THINK WAS THE REAL REASON WHY CHARLOTTE PEARS AND TPE STOPPED THE OUTSIDE INVESTIGATION INTO MY ALLEGATIONS OF THEIR BULLY BOY MANAGEMENT?
THIS WEBSITE AND ITS CONTENTS ARE THE REASON. PUT ALL THIS INFORMATION INTO THE HANDS OF AN OUTSIDE INVESTIGATION, I AM QUITE SURE THAT ANYONE READING THIS WEBSITE CAN SEE THE BEHAVIOUR OF THIS MANAGEMENT.
There were so many refusals by Charlotte Pears for information that I requested, to cover them all would take up valuable space, if however Ms Pears doesn`t agree then I will publish the emails.
I also requested that Driver Geoff Lee and Engineer Steve Bridge attend as witnesses, this was refused and hindered with Charlotte Pears saying that I should give her the questions I need to ask, so that she can put it them herself!
Quote: “In any event, I am unclear what the purpose of Driver Lee attending as a witness is as he has already been interviewed and provided a statement to this effect. The purpose of witnesses is to add clarification and not to be cross examined. If you have questions that you wish to put to Driver Lee, please let me know the questions and the relevance of these so that I can make arrangements for them to be put to him. This also applies to Steve Bridge”.
Charlotte Pears also interrupted my appeal on many occasions when she thought it would help TPE against me, yet this is the supposed minute taker who used a dictaphone and failed to adequately to record the last 5 minutes of my appeal using shorthand.
It took from the 7th September to the 1st of December to receive a copy of the appeal minutes.
Evidence on using a solicitor will appear in a separate section named, "TPE use a solicitor".
Route Driver Manager Mark Atkinson says at my hearing, "When you did attend the medical it gave us medical evidence the state of your welfare and the reason for being absent, I will reinstate your pay on those grounds".
I had sick notes verifying my sickness, we had a Doctor supplied by TPE verifying these sick notes, we have Route Driver Manager Mark Atkinson agreeing with the Doctors diagnosis, so why stop this investigation into my claims of bullying and harassment.
SO WHAT DO YOU THINK WAS THE REAL REASON WHY CHARLOTTE PEARS AND TPE STOPPED THE OUTSIDE INVESTIGATION INTO MY ALLEGATIONS OF THEIR BULLY BOY MANAGEMENT?
THIS WEBSITE AND ITS CONTENTS ARE THE REASON. PUT ALL THIS INFORMATION INTO THE HANDS OF AN OUTSIDE INVESTIGATION, I AM QUITE SURE THAT ANYONE READING THIS WEBSITE CAN SEE THE BEHAVIOUR OF THIS MANAGEMENT.
There were so many refusals by Charlotte Pears for information that I requested, to cover them all would take up valuable space, if however Ms Pears doesn`t agree then I will publish the emails.
I also requested that Driver Geoff Lee and Engineer Steve Bridge attend as witnesses, this was refused and hindered with Charlotte Pears saying that I should give her the questions I need to ask, so that she can put it them herself!
Quote: “In any event, I am unclear what the purpose of Driver Lee attending as a witness is as he has already been interviewed and provided a statement to this effect. The purpose of witnesses is to add clarification and not to be cross examined. If you have questions that you wish to put to Driver Lee, please let me know the questions and the relevance of these so that I can make arrangements for them to be put to him. This also applies to Steve Bridge”.
Charlotte Pears also interrupted my appeal on many occasions when she thought it would help TPE against me, yet this is the supposed minute taker who used a dictaphone and failed to adequately to record the last 5 minutes of my appeal using shorthand.
It took from the 7th September to the 1st of December to receive a copy of the appeal minutes.
Evidence on using a solicitor will appear in a separate section named, "TPE use a solicitor".