2005 Reprimand
Following on from the Events of 2004, this reprimand was given due to an incident (15th July 2005) regarding the cab temperature being excessive, this was caused by the cab heater under the drivers seats being red hot in the middle of summer with no way of controlling this heat.
This was the cause of my visit to Doctor Pearlman back in June 2004.
The last words from Driver Manager Chris Vickers (dated 9th August 2004) were,“We have also contacted fleet verbally and via email in respect of the cab heater problem, and as of yet not received a reply”, and also “I can only apologise for the slow response but that is the way things seem to work at the moment, things will hopefully improve”.
"Slow responses", its now nearly one year later!
Charge Sheet 27th July 2005
I was booked to work 1P30 from York to Middlesbrough, but on taking over I found the heater box under the Drivers seat red hot, combined with the heat of the day, my cab felt like an inferno.
The signaller had not given us a route out of the station, the signal at the end of the platform was red. I informed my conductor and platform staff which included the Duty Operations Manager for TPE that I was not taking the train forward, the duty of those platform staff was to use the platform indicator to inform the signaller that my train was ready to depart.
The Duty Operations Manager, then informed York signal box that the train was awaiting attention and not ready to depart.
Following on from the Events of 2004, this reprimand was given due to an incident (15th July 2005) regarding the cab temperature being excessive, this was caused by the cab heater under the drivers seats being red hot in the middle of summer with no way of controlling this heat.
This was the cause of my visit to Doctor Pearlman back in June 2004.
The last words from Driver Manager Chris Vickers (dated 9th August 2004) were,“We have also contacted fleet verbally and via email in respect of the cab heater problem, and as of yet not received a reply”, and also “I can only apologise for the slow response but that is the way things seem to work at the moment, things will hopefully improve”.
"Slow responses", its now nearly one year later!
Charge Sheet 27th July 2005
I was booked to work 1P30 from York to Middlesbrough, but on taking over I found the heater box under the Drivers seat red hot, combined with the heat of the day, my cab felt like an inferno.
The signaller had not given us a route out of the station, the signal at the end of the platform was red. I informed my conductor and platform staff which included the Duty Operations Manager for TPE that I was not taking the train forward, the duty of those platform staff was to use the platform indicator to inform the signaller that my train was ready to depart.
The Duty Operations Manager, then informed York signal box that the train was awaiting attention and not ready to depart.
Charges 1 and 3 were eventually dropped.
Charge 2 However has procedural instructions exactly the same as failing to report a PARTIAL FAILURE of the warning horn!
Charge 2 However has procedural instructions exactly the same as failing to report a PARTIAL FAILURE of the warning horn!
This situation was easily avoidable, My Representative points out that there are at least 25 previous occasions that I had reported this type of fault, dare I say it, they were all IGNORED. There is however confusion over reporting the incident to the signaller, because Rule Book Instructions, namely TW5 (7) 7.2 states the following:-
7. Cab heating and cooling equipment
The people responsible: driver, train preparer, rolling stock technician
7.1 Entering service
You must not allow a train or traction unit to enter service if, in any
cab which is required to be used:
• the cab heating or cooling equipment is not working, and
• the temperature could affect the safe operation of the train.
7.2 When in service
If the temperature in the driving cab leads you to doubt whether
the train can proceed safely, you must:
• tell the train operator’s control at the first convenient opportunity
• carry out the instructions given which will be to deal with the
train as shown in Part A section 2.10 of this module. (Contingency Plans)
So clearly, I do not have to inform the signaller, only the train operators control. Which I actually did later that afternoon.
I then challenged Manager Chris Swift to show me where the procedure for fault finding can be found.
7. Cab heating and cooling equipment
The people responsible: driver, train preparer, rolling stock technician
7.1 Entering service
You must not allow a train or traction unit to enter service if, in any
cab which is required to be used:
• the cab heating or cooling equipment is not working, and
• the temperature could affect the safe operation of the train.
7.2 When in service
If the temperature in the driving cab leads you to doubt whether
the train can proceed safely, you must:
• tell the train operator’s control at the first convenient opportunity
• carry out the instructions given which will be to deal with the
train as shown in Part A section 2.10 of this module. (Contingency Plans)
So clearly, I do not have to inform the signaller, only the train operators control. Which I actually did later that afternoon.
I then challenged Manager Chris Swift to show me where the procedure for fault finding can be found.
Charge 1, "You failed to carry out fault finding procedures to address the fault". Manager Chris Swift can find no such procedures! Yet my charges were deemed so serious to be dealt with under TPE disciplinary arrangements! This charge was withdrawn.
Manager Chris Swift also pointed out that I failed to follow the correct procedures for reporting a train fault. (I think this must be Charge 2?)
This is the so called procedure that Manager Chris Swift says I didn`t follow:-
1. Inform the signaller of the circumstances, including the time
required, to identify and rectify the fault.
2. Assess train faults and take appropriate action.
3. Notify the conductor of the situation so customers can be kept
updated.
4. Seek advice from operations control where faults cannot be
accurately identified or quickly rectified.
5. Decide with signaller and TPE control the next step to avoid undue
delay to train and future services.
6. Report to TPE operations control, all minor train faults when safe
and convenient.
Is this an actual written procedure? Or a cut and paste made to fit compilation?
Route Driver Manager Mark Atkinson`s idea for reporting a train fault is:-
1. Stop and report it to the controlling signaller.
2. Report it to TPE control.
3. Complete the repair book procedure correctly.
Since 2005, the rule book, competence standards and TPE so called reporting procedures have not changed at all. There is however a distinct difference in opinion between Chris Swift and Mark Atkinson over what the supposed procedures are. I say supposed because nobody has shown me either of these as a written procedure.
Manager Chris Swift also pointed out that I failed to follow the correct procedures for reporting a train fault. (I think this must be Charge 2?)
This is the so called procedure that Manager Chris Swift says I didn`t follow:-
1. Inform the signaller of the circumstances, including the time
required, to identify and rectify the fault.
2. Assess train faults and take appropriate action.
3. Notify the conductor of the situation so customers can be kept
updated.
4. Seek advice from operations control where faults cannot be
accurately identified or quickly rectified.
5. Decide with signaller and TPE control the next step to avoid undue
delay to train and future services.
6. Report to TPE operations control, all minor train faults when safe
and convenient.
Is this an actual written procedure? Or a cut and paste made to fit compilation?
Route Driver Manager Mark Atkinson`s idea for reporting a train fault is:-
1. Stop and report it to the controlling signaller.
2. Report it to TPE control.
3. Complete the repair book procedure correctly.
Since 2005, the rule book, competence standards and TPE so called reporting procedures have not changed at all. There is however a distinct difference in opinion between Chris Swift and Mark Atkinson over what the supposed procedures are. I say supposed because nobody has shown me either of these as a written procedure.
_There is
then dialogue over the supposed breech of rules in informing the
signalman (which as proved is not what should happen). It is also noted
that it was my prerogative on whether I deemed that cab too hot to take
that train forward. The Manager, Chris Swift admits that there is a fleet
problem with this particular issue and a modification plan was being
put in place.
You will notice that at number 24, Nick Whitehead, my representative states,"failing to report his concerns to the signaller and the controller is a minor thing, not a major thing as the train was still on the platform,not in operation". Very similar to the events of 14th January 2009, I arrived in York and forgot to inform control.
There is however still confusion over the rule book and what was expected of me, I was issued a reprimand for not informing the signaller when the rule book tells me otherwise!
Manager Chris Swift also says that he will give me a written warning and an update of the reporting procedures, guess what? I never received any update.
There is however still confusion over the rule book and what was expected of me, I was issued a reprimand for not informing the signaller when the rule book tells me otherwise!
Manager Chris Swift also says that he will give me a written warning and an update of the reporting procedures, guess what? I never received any update.
As I said,charges 1 and 3 were dropped, quite why charge 1 was allowed to stand is beyond me?
But now is the major difference for a same charge. How can two Senior Managers interpret TPE`s Discipline Arrangements so differently?
Depot Manager Chris Swift doesn`t make any specific relation to what he constitutes the charges to be, I am invited to a disciplinary hearing. Manager Swift outlines the charge with the Rule Book prefix (TW5 7.2). The outcome of which I receive a REPRIMAND.
Route Driver Manager Barry Cook levels 3 charges of GROSS MISCONDUCT, without any indication of which rules I supposedly had broken and at my hearing Route Driver Manager Mark Atkinson upholds those charges and I am SUMMARY DISMISSED.
How can 3 Senior Managers looking at the very same type of charges come up with 2 very different outcomes, which are not even close, they range from one end of the spectrum to the other.
This highlights a major flaw in these disciplinary procedures, these procedures can be interpreted any way a manager wishes, which allows a manager to discriminate against any employee they choose.
One other point to note, these charge sheets were included in the tribunal bundle for TPE against me, yet time and time again throughout my hearing and appeal, both Managers refused to listen to, or accept information which they both classed as "previous". But when it suits them, because they think it is damaging to me, they are quite happy to use "previous" information.
Please note: This reprimand should have been expunged after 2 years and removed from my records.
But now is the major difference for a same charge. How can two Senior Managers interpret TPE`s Discipline Arrangements so differently?
Depot Manager Chris Swift doesn`t make any specific relation to what he constitutes the charges to be, I am invited to a disciplinary hearing. Manager Swift outlines the charge with the Rule Book prefix (TW5 7.2). The outcome of which I receive a REPRIMAND.
Route Driver Manager Barry Cook levels 3 charges of GROSS MISCONDUCT, without any indication of which rules I supposedly had broken and at my hearing Route Driver Manager Mark Atkinson upholds those charges and I am SUMMARY DISMISSED.
How can 3 Senior Managers looking at the very same type of charges come up with 2 very different outcomes, which are not even close, they range from one end of the spectrum to the other.
This highlights a major flaw in these disciplinary procedures, these procedures can be interpreted any way a manager wishes, which allows a manager to discriminate against any employee they choose.
One other point to note, these charge sheets were included in the tribunal bundle for TPE against me, yet time and time again throughout my hearing and appeal, both Managers refused to listen to, or accept information which they both classed as "previous". But when it suits them, because they think it is damaging to me, they are quite happy to use "previous" information.
Please note: This reprimand should have been expunged after 2 years and removed from my records.