Email sent to Vernon Barker MD TPE (Make sure you read the end of this page)
12th February 2009
Dear Vernon
I am very sorry to bother you and do realise you are probably very busy, but I feel this is something you should know about and may want to get involved in.
I am currently on suspension with 3 charges of " Gross Misconduct " leveled against me.
The charges are a direct result of my passion and understanding of health and safety. Quite how your manager Barry Cook could deem these charges as gross misconduct is beyond me and ASLEF.
Basically Mr Cook says I didn't follow procedure in reporting unit defects and that I admitted making a false allegation.
In my defence if I am classed as guilty for not reporting defects through the correct procedures then all other drivers should be charged with the same. Evidence will eventually be made available. Indeed Stephen Percival s only recommendation from his report, page 8 (10.1) states, " FTPE Operation Standards Department to incorporate the correct reporting procedure into the safety briefs ", this shows that they are aware that the correct reporting procedures are not used. As for admitting the false allegation, yes I did admit to a false allegation but admitting the false allegation is hardly worthy of a gross misconduct charge.
I have mountains of paperwork going back to day one, all of this highlights the serious problem that during freezing weather the warning horns always fail to work, I witnessed first hand what can happen when a warning horn doesn't work, that was the death of trackworker Lindsay Warrington at Trafford Park. I had to attend the inquest (on my own as nobody from TPE would come with me ), I had to give evidence, I had to face that mans relatives, that day has stayed with me ever since.
I have put in so many reports asking for warning horns to be rectified, in one recent IPP report dated 29/10/2008, I had the very same incident that I stated in the false allegation. The final paragraph in my report states, " This is an age old problem that never gets rectified, maybe it requires a death before a solution is found ". Another point here is I never received a response to the IPP report, indeed I have so many IPP reports that have never received a response. I also found a drivers report dated 16/12/2007, in this report I state, " Warning horns are freezing up and stop working, signaller and maintenance can be informed, but what do you want us to do when this happens " ? Again there was no response to this report.
Page 2 12th February 2009
I also would like to say that over the past few months I feel that I have been the subject of a managerial witch hunt, quite a few things have gone on which I have not been happy with. I have been told by several drivers from various depots that I have been top of a so called hit list for quite some time now. That is evident to me now with this charge of gross misconduct. You know that I can be controversial and outspoken, hardly a crime, but surely just because I put " safety first ", supposedly a First Group value, please see enclosed letter attached dated 21st January 2009. (Appendix K). I am always approachable but can never understand why despite numerous reports nobody speaks with me.
There is a recent fleet update number 10, please read page 9, titled class 185 horns. This is categoric proof that TPE have been aware from day one, " since introduction ", of the serious problems. Despite what is written in this article, the statement, " `NFF` or `working on arrival` at depot shall no longer be acceptable answers ", so why does the statement I received in Stephen Percival s report (Appendix F) the investigation from engineer Steve Bridge says, " horn tested and found to be fully functional " ? In other words working on arrival. I thought this was no longer an acceptable answer ? It makes a mockery of that article.
The fact of the matter is that all of this is making myself extremely ill, I am currently signed off work with depression, although HR are challenging my doctors integrity and want me to see BUPA, there has been absolutely no chain of care towards myself. If I didn't feel so ill then I could defend the allegations with a comprehensive report. I have numerous drivers reports and defect slips. If I had received responses from my own reports then I doubt that the false allegation would have been necessary, but I never receive any response whatsoever, if anything charges should be leveled at the very people who ignore me, imagine what would happen if over the next few days, weeks if someone is killed.
York branch passed a resolution last night asking ASLEF not to grant the rest day working extension, they are clearly unhappy with the over the top charge of "Gross Misconduct" and will request the charges dropped or a lesser charge, in the meantime with all the bad weather that is expected I still seriously worry that luck will run out and a member of public or trackworker is killed as a direct result of a warning horn failure.
Once again, sorry to have brought this to your attention, but knowing yourself I believe an impartial view on this matter is needed. A level headed view that looks at all the evidence not someone who wants to apportion blame in the direction of the messenger to hide their own inadequacies.
If you would like me to speak with you or even meet up then I could meet you anyplace and anytime.
Yours Sincerely
York Driver Perry Webb
Response received from Vernon Barker
To: [email protected]
Subject: Re: Urgent
From: [email protected]
Date: Wed, 18 Feb 2009 17:58:41 +0000
Perry,
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
"independent driver management party"?
"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".
"independent party"?
"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".
"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]".
Do you think these promises by Managing Director Vernon Barker were kept?
This is the precise IGNORANCE that I keep mentioning, usually it is by ignoring me, this time there are promises that amount to NOTHING except IGNORANCE.
So why would a man of supposed exemplary standing, Vernon Barker OBE allow this IGNORANCE to once again continue? After all, he stated, "I await with interest the outcome of the reviews".
Unless of course the decision to dismiss me at all costs was his decision.
12th February 2009
Dear Vernon
I am very sorry to bother you and do realise you are probably very busy, but I feel this is something you should know about and may want to get involved in.
I am currently on suspension with 3 charges of " Gross Misconduct " leveled against me.
The charges are a direct result of my passion and understanding of health and safety. Quite how your manager Barry Cook could deem these charges as gross misconduct is beyond me and ASLEF.
Basically Mr Cook says I didn't follow procedure in reporting unit defects and that I admitted making a false allegation.
In my defence if I am classed as guilty for not reporting defects through the correct procedures then all other drivers should be charged with the same. Evidence will eventually be made available. Indeed Stephen Percival s only recommendation from his report, page 8 (10.1) states, " FTPE Operation Standards Department to incorporate the correct reporting procedure into the safety briefs ", this shows that they are aware that the correct reporting procedures are not used. As for admitting the false allegation, yes I did admit to a false allegation but admitting the false allegation is hardly worthy of a gross misconduct charge.
I have mountains of paperwork going back to day one, all of this highlights the serious problem that during freezing weather the warning horns always fail to work, I witnessed first hand what can happen when a warning horn doesn't work, that was the death of trackworker Lindsay Warrington at Trafford Park. I had to attend the inquest (on my own as nobody from TPE would come with me ), I had to give evidence, I had to face that mans relatives, that day has stayed with me ever since.
I have put in so many reports asking for warning horns to be rectified, in one recent IPP report dated 29/10/2008, I had the very same incident that I stated in the false allegation. The final paragraph in my report states, " This is an age old problem that never gets rectified, maybe it requires a death before a solution is found ". Another point here is I never received a response to the IPP report, indeed I have so many IPP reports that have never received a response. I also found a drivers report dated 16/12/2007, in this report I state, " Warning horns are freezing up and stop working, signaller and maintenance can be informed, but what do you want us to do when this happens " ? Again there was no response to this report.
Page 2 12th February 2009
I also would like to say that over the past few months I feel that I have been the subject of a managerial witch hunt, quite a few things have gone on which I have not been happy with. I have been told by several drivers from various depots that I have been top of a so called hit list for quite some time now. That is evident to me now with this charge of gross misconduct. You know that I can be controversial and outspoken, hardly a crime, but surely just because I put " safety first ", supposedly a First Group value, please see enclosed letter attached dated 21st January 2009. (Appendix K). I am always approachable but can never understand why despite numerous reports nobody speaks with me.
There is a recent fleet update number 10, please read page 9, titled class 185 horns. This is categoric proof that TPE have been aware from day one, " since introduction ", of the serious problems. Despite what is written in this article, the statement, " `NFF` or `working on arrival` at depot shall no longer be acceptable answers ", so why does the statement I received in Stephen Percival s report (Appendix F) the investigation from engineer Steve Bridge says, " horn tested and found to be fully functional " ? In other words working on arrival. I thought this was no longer an acceptable answer ? It makes a mockery of that article.
The fact of the matter is that all of this is making myself extremely ill, I am currently signed off work with depression, although HR are challenging my doctors integrity and want me to see BUPA, there has been absolutely no chain of care towards myself. If I didn't feel so ill then I could defend the allegations with a comprehensive report. I have numerous drivers reports and defect slips. If I had received responses from my own reports then I doubt that the false allegation would have been necessary, but I never receive any response whatsoever, if anything charges should be leveled at the very people who ignore me, imagine what would happen if over the next few days, weeks if someone is killed.
York branch passed a resolution last night asking ASLEF not to grant the rest day working extension, they are clearly unhappy with the over the top charge of "Gross Misconduct" and will request the charges dropped or a lesser charge, in the meantime with all the bad weather that is expected I still seriously worry that luck will run out and a member of public or trackworker is killed as a direct result of a warning horn failure.
Once again, sorry to have brought this to your attention, but knowing yourself I believe an impartial view on this matter is needed. A level headed view that looks at all the evidence not someone who wants to apportion blame in the direction of the messenger to hide their own inadequacies.
If you would like me to speak with you or even meet up then I could meet you anyplace and anytime.
Yours Sincerely
York Driver Perry Webb
Response received from Vernon Barker
To: [email protected]
Subject: Re: Urgent
From: [email protected]
Date: Wed, 18 Feb 2009 17:58:41 +0000
Perry,
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
"independent driver management party"?
"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".
"independent party"?
"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".
"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]".
Do you think these promises by Managing Director Vernon Barker were kept?
This is the precise IGNORANCE that I keep mentioning, usually it is by ignoring me, this time there are promises that amount to NOTHING except IGNORANCE.
So why would a man of supposed exemplary standing, Vernon Barker OBE allow this IGNORANCE to once again continue? After all, he stated, "I await with interest the outcome of the reviews".
Unless of course the decision to dismiss me at all costs was his decision.