FUEL POINT INCIDENT INCLUDING ENTRAPMENT
25th, 27th November 2008
The following reports highlight a situation that was blown out of all proportion by TPE.
My opinion of this is that if I had not defended myself in such a robust fashion, then TPE would have attempted to dismiss me. The allegations would definitely have amounted to “gross misconduct”.
The events of the 25th November where I did everything by the rules and guidelines set out in Siemens and TPE procedures only to be verbally attacked by the TPE duty manager who had no foundation to his comments and was not asked to substantiate by an enquiry why he said comments which were of a serious nature and all LIES.
I firmly believe that the events on the evening of 27th November were a deliberate attempt of entrapment. The scenario was set up exactly the same as the evening of the 25th November, only this time Driver Manager Andrew Steele is hiding in the Siemens Office.
My defence would have been all the voice tapes, but as usual these were not supplied or transcripts taken.
The following is my report about the evening of the 25th November 2008
SUMMARY: That evening I arrived at the Siemens Fuel Point later than booked, only to be told that I would have to wait a further ten minutes. The delay was caused by units arriving at the depot earlier than their booked time.
After speaking with the Depot Controller, he advised me to leave my train at the stop board after shutting it down. After doing this and checking the tail lights were lit, I walked back to York Station. As I arrived at the station, I got a phone call from the TransPennine Express Duty Manager, who said the following, "You have left your train, the Signal box have advised that you are fouling the main line by 2 ft".
I knew that this was not true and I explained I wasn`t going back to the train.
INVESTIGATORY INTERVIEW 26th NOVEMBER 2008
After speaking with the Depot Controller, he advised me to leave my train at the stop board after shutting it down. After doing this and checking the tail lights were lit, I walked back to York Station. As I arrived at the station, I got a phone call from the TransPennine Express Duty Manager, who said the following, "You have left your train, the Signal box have advised that you are fouling the main line by 2 ft".
I knew that this was not true and I explained I wasn`t going back to the train.
INVESTIGATORY INTERVIEW 26th NOVEMBER 2008
No3: "was standing on the section of line between the station and the depot. As it turned out it was actually stood at the STOP board at the entrance to the depot". (&No5:) So the information given to Manager Stephen Percival by the Duty Operations Manager was totally untrue.
No12: I explain that I carried out instructions given to me by the Siemens Depot Controller and that if he (&No14:) gets the tape from their office it will show just that.
No12: I explain that I carried out instructions given to me by the Siemens Depot Controller and that if he (&No14:) gets the tape from their office it will show just that.
_No22: The instructions given to me, shut the unit down and take the batteries off.
No36: This is where the LIES start, "the signal box has advised that you are fouling the main line by 2 foot"? I actually spoke with York Signal box after this interview and they had not reported anything with Siemens Depot the day before. So quite clearly, the Duty Control Manager is a LIAR. Did Manager Stephen Percival follow this up?
The LIES of this DUTY MANAGER were of such a serious nature that if I had left a train foul of the MAIN LINE and walked away, then it would have definitely warranted a gross misconduct charge. This person should have been investigated because of these vindictive LIES.
But because they were out to get me, this was part of their entrapment.
No36: This is where the LIES start, "the signal box has advised that you are fouling the main line by 2 foot"? I actually spoke with York Signal box after this interview and they had not reported anything with Siemens Depot the day before. So quite clearly, the Duty Control Manager is a LIAR. Did Manager Stephen Percival follow this up?
The LIES of this DUTY MANAGER were of such a serious nature that if I had left a train foul of the MAIN LINE and walked away, then it would have definitely warranted a gross misconduct charge. This person should have been investigated because of these vindictive LIES.
But because they were out to get me, this was part of their entrapment.
No57: Further proof of making anything stick, is that I failed to "book off duty on the automated system", something that happens everyday to someone.
No63: Looking at this, lets go back to the original charges that I faced, not one of them had the applicable part of the rule book that I supposedly failed to comply with, yet here we have Manager Stephen Percival reeling off what he thinks is a section of the rule book that I failed to follow (TW1 Section 11).
No63: Looking at this, lets go back to the original charges that I faced, not one of them had the applicable part of the rule book that I supposedly failed to comply with, yet here we have Manager Stephen Percival reeling off what he thinks is a section of the rule book that I failed to follow (TW1 Section 11).
No67: Manager Stephen Percival says he is asking for a report from the Duty Manager and a request for the voice tapes, everything I said to the Siemens Depot Controller, my conversation with the Duty Manager and any conversation with York Signal box would have been recorded.
Does anyone think that the above information will be given?
Stephen Percival then points out his 2 main concerns, I contravene the rule book by leaving the unit where it was and I fail to book off duty.
No70: I explain to Stephen Percival that I already have a GRIEVANCE wrote out, not that it is worth the paper its written on as we all know what happens to a grievance that I submit.
No70: Is a request by me for an answer to, "was it York Signal box that said I was 2 foot foul"?
No74: I explain that the Duty Controller said on more than one occasion that my train was 2 foot foul.
No 82: I request everything that was said by Siemens Depot Staff.
No`s 84 & 88: Explains the sarcasm from Siemens Depot Controllers that I faced whenever I took a train down to the fuel point.
Does anyone think that the above information will be given?
Stephen Percival then points out his 2 main concerns, I contravene the rule book by leaving the unit where it was and I fail to book off duty.
No70: I explain to Stephen Percival that I already have a GRIEVANCE wrote out, not that it is worth the paper its written on as we all know what happens to a grievance that I submit.
No70: Is a request by me for an answer to, "was it York Signal box that said I was 2 foot foul"?
No74: I explain that the Duty Controller said on more than one occasion that my train was 2 foot foul.
No 82: I request everything that was said by Siemens Depot Staff.
No`s 84 & 88: Explains the sarcasm from Siemens Depot Controllers that I faced whenever I took a train down to the fuel point.
No89 to 96: Following on from the sarcasm that I get from Siemens Depot Controllers, Manager Stephen Percival says he will note down my comments! Of course it should be classed as bullying and harassment.
No98 to 101: I question the decision by Siemens Controller to allow a train to the fuel point when both fueling sheds are full.
No102 & 104: I explain that someone is lying and I think it is Siemens Controller.
No107: Manager Stephen Percival asks the question, "If the same thing happens tomorrow night what would happen"?
Guess what? The same thing does happen and this is where the ENTRAPMENT occurs.
GRIEVANCE STAGE 1 SUBMITTED 25th November 2008
No98 to 101: I question the decision by Siemens Controller to allow a train to the fuel point when both fueling sheds are full.
No102 & 104: I explain that someone is lying and I think it is Siemens Controller.
No107: Manager Stephen Percival asks the question, "If the same thing happens tomorrow night what would happen"?
Guess what? The same thing does happen and this is where the ENTRAPMENT occurs.
GRIEVANCE STAGE 1 SUBMITTED 25th November 2008
"ENTRAPMENT" REPORT DATED 27th November 2008
2 days after my first incident, I was on the same job again, and unbelievably exactly the same situation occurs.
I leave York Station for the fuel point and when I get there both fueling sheds are full, so I have nowhere to go. When I speak to Siemens Depot Controller he says, "I will get you in when I can". I had a feeling something was wrong, this was confirmed by the Shunt Driver who asks me why I have brought the unit to the fuel point?
The shunt driver shows me his workings that clearly show 5P69 (my unit) is to stay in York Station and form 1P07. Then the shunt driver remarks, "what is Driver Manager Andrew Steele doing in the Siemens Controllers Office"?
I then rang Siemens Controller and asked why I had brought a unit down to the fuel point that should have stayed in York Station to be told, "take it up with your control".
It was nothing more than a deliberate attempt of ENTRAPMENT.
WHY else would TPE Control allow a unit to the fuel point that wasn`t required down there?
WHY would Driver Manager Andrew Steele be inside the Depot Controllers office at 23:00hrs?
WHY would the same situation I complained about 2 days earlier happen exactly the same?
A FURTHER REPORT DATED 25th November 2008
I leave York Station for the fuel point and when I get there both fueling sheds are full, so I have nowhere to go. When I speak to Siemens Depot Controller he says, "I will get you in when I can". I had a feeling something was wrong, this was confirmed by the Shunt Driver who asks me why I have brought the unit to the fuel point?
The shunt driver shows me his workings that clearly show 5P69 (my unit) is to stay in York Station and form 1P07. Then the shunt driver remarks, "what is Driver Manager Andrew Steele doing in the Siemens Controllers Office"?
I then rang Siemens Controller and asked why I had brought a unit down to the fuel point that should have stayed in York Station to be told, "take it up with your control".
It was nothing more than a deliberate attempt of ENTRAPMENT.
WHY else would TPE Control allow a unit to the fuel point that wasn`t required down there?
WHY would Driver Manager Andrew Steele be inside the Depot Controllers office at 23:00hrs?
WHY would the same situation I complained about 2 days earlier happen exactly the same?
A FURTHER REPORT DATED 25th November 2008
Once again I request voice recordings and transcripts, as was the norm, my requests were IGNORED.
GRIEVANCE STAGE 2 APPLICATION DATED 11th December 2008
GRIEVANCE STAGE 2 APPLICATION DATED 11th December 2008
I was verbally informed by Manager Stephen Percival on the 3rd December 2008 that they would not be taking my grievance any further. Is that any surprise?
The stage 2 goes over again everything that happened and then this disappeared never to be seen again. Yes the usual IGNORANCE, TPE knew that they could not answer this without finding in my favour, so lets not break the habit of a lifetime, just IGNORE him because we are in charge and there is nothing that he can do about it.
THE BULLY WINS.
THE BULLY WINS.