EVENTS OF 2004 PAGE 2
Continuing on from TPE description of BULLYING and HARASSMENT.
Finally as for denigrate, you only need to look at the investigation report to see the attempts to make me look as bad as possible by including references that I mentioned earlier (142) & (143) & (144). When looking at (144), Stephen Percival in his investigation, where he says it was an “informal discussion”, the letter says interview.
Extracts from the Investigation Report
Continuing on from TPE description of BULLYING and HARASSMENT.
Finally as for denigrate, you only need to look at the investigation report to see the attempts to make me look as bad as possible by including references that I mentioned earlier (142) & (143) & (144). When looking at (144), Stephen Percival in his investigation, where he says it was an “informal discussion”, the letter says interview.
Extracts from the Investigation Report
What has 5.8 above got to do with this investigation, as pointed out before, this goes against ACAS guidelines.
What do previous issues have to do with this investigation?
_When looking at (144), Stephen Percival in his investigation says it was an “informal discussion”, the above letter says interview.
The external investigation that MD Vernon Barker promised would have been given all my evidence, but as I have shown Miss Pears withdrew the investigation (146) email below.
The external investigation that MD Vernon Barker promised would have been given all my evidence, but as I have shown Miss Pears withdrew the investigation (146) email below.
Why do you think the promised investigation never happened, the answer is simple, just look at this website.
_
Following on in the year
2004, Referring back to the extreme heat caused by cab heater boxes, (147 & 148 above) both complain about the exact same
issue.
Disciplinary Interview 27th July 2004
Disciplinary Interview 27th July 2004
_On the 27th
July 2004 I had a disciplinary hearing for supposedly writing unsuitable and
derogatory remarks on a vehicle repair slip. I totally deny that whatever I
wrote was unsuitable or derogatory, the repair slip has not been provided.
Notice that TPE state I am being charged with making "unsuitable and derogatory remarks". How many repair slips have I shown contained exactly those type of comments? How many other members of staff ever received the same charge? The answer is none.
My representative Nick Whitehead stated (149) that as Dr Pearlman had pointed out, a joint discussion carried out could have prevented the problem from arising. That the underlying issue is IGNORANCE of all the problems I bring to their attention especially as I persistently submit written reports and nothing is being done about them.
The statement, "but if we all sat down and had a discussion about these issues, as the Occupational Doctor suggested we could prevent this from occuring again", IS THE ANSWER.
THE ABOVE WAS ALL THAT I EVER WANTED, KEEP ME IN THE PICTURE, LET ME HAVE MY INPUT. I STILL TO THIS DAY CANNOT UNDERSTAND THE MENTALITY OF THOSE 9 INDIVIDUALS WHO DISPLAYED IGNORANCE TO A LEVEL I NEVER KNEW EXISTED.
The last paragraph sums up the severity of what I wrote, "the comments are slightly derogatory", and, "in future he should be careful with his wording".
Notice that TPE state I am being charged with making "unsuitable and derogatory remarks". How many repair slips have I shown contained exactly those type of comments? How many other members of staff ever received the same charge? The answer is none.
My representative Nick Whitehead stated (149) that as Dr Pearlman had pointed out, a joint discussion carried out could have prevented the problem from arising. That the underlying issue is IGNORANCE of all the problems I bring to their attention especially as I persistently submit written reports and nothing is being done about them.
The statement, "but if we all sat down and had a discussion about these issues, as the Occupational Doctor suggested we could prevent this from occuring again", IS THE ANSWER.
THE ABOVE WAS ALL THAT I EVER WANTED, KEEP ME IN THE PICTURE, LET ME HAVE MY INPUT. I STILL TO THIS DAY CANNOT UNDERSTAND THE MENTALITY OF THOSE 9 INDIVIDUALS WHO DISPLAYED IGNORANCE TO A LEVEL I NEVER KNEW EXISTED.
The last paragraph sums up the severity of what I wrote, "the comments are slightly derogatory", and, "in future he should be careful with his wording".
_
Manager John Moans stated (150) that I had been offered Care First Support and
anger management classes, both of which were never offered, however why would I need these classes, my frustration is borne out of their IGNORANCE, nothing else, involve me, speak with me and everyone is happy.
Manager John Moans then states, “By placing unsuitable remarks on the documentation, (which I totally deny), it puts barriers up, people get frustrated and it shows the driver grade in poor light. I don’t want Perry to stop submitting reports, but I want factual reports”.
Unbelievably, he has no comprehension of my frustrations especially as all my reports are factual. There are so many reports in my case file, they are there for everyone to see, I challenge anyone to show me which reports from the many in the case files were not factual.
At the end of this meeting, Manager Moans mentions a wrong routing issue, he says that he will not take formal action on this. This was only because of the health and safety implications involved in this incident which I had made the company aware of on numerous occasions. If you cannot see out of a driver`s window because it is covered in dead flies and the windscreen water containers are never topped up, then your vision is severely hindered.
The outcome of this hearing was a severe reprimand (para 4), which I appealed.
There was also a warning that any further instances whereby I submit documentation containing derogatory or unsuitable remarks, I may be treated more severely. See Below.
Part of the Investigation Report January 2009
Manager John Moans then states, “By placing unsuitable remarks on the documentation, (which I totally deny), it puts barriers up, people get frustrated and it shows the driver grade in poor light. I don’t want Perry to stop submitting reports, but I want factual reports”.
Unbelievably, he has no comprehension of my frustrations especially as all my reports are factual. There are so many reports in my case file, they are there for everyone to see, I challenge anyone to show me which reports from the many in the case files were not factual.
At the end of this meeting, Manager Moans mentions a wrong routing issue, he says that he will not take formal action on this. This was only because of the health and safety implications involved in this incident which I had made the company aware of on numerous occasions. If you cannot see out of a driver`s window because it is covered in dead flies and the windscreen water containers are never topped up, then your vision is severely hindered.
The outcome of this hearing was a severe reprimand (para 4), which I appealed.
There was also a warning that any further instances whereby I submit documentation containing derogatory or unsuitable remarks, I may be treated more severely. See Below.
Part of the Investigation Report January 2009
_
Please note, I was never charged after the above severe reprimand incident with claims that I had made any further derogatory comments, although as we see in the investigation report (151) the investigating officer Stephen Percival states, “the driver has a long-standing and recorded history of submitting reports containing sarcastic and derogatory comments”. If this was true, then why hadn`t TPE charged me accordingly? BECAUSE STEPHEN PERCIVAL IS A LIAR.
Please note, I was never charged after the above severe reprimand incident with claims that I had made any further derogatory comments, although as we see in the investigation report (151) the investigating officer Stephen Percival states, “the driver has a long-standing and recorded history of submitting reports containing sarcastic and derogatory comments”. If this was true, then why hadn`t TPE charged me accordingly? BECAUSE STEPHEN PERCIVAL IS A LIAR.
_
A further report regarding the working environment continuing
from my earlier reports, (152) which due to
excessive heat in the cab led to a refusal to work. My report makes it quite
clear, “I brought this to your attention
on numerous occasions, verbally and in written reports, but nobody listens to
me or takes any notice”.
A "Response"!!! From Manager Chris Vickers 9th August 2004
A "Response"!!! From Manager Chris Vickers 9th August 2004
_ This report was however
one of the very few that received a response (153) possibly only because information was requested from me concerning another
issue or they didn`t want another refusal to work a train on health & safety grounds. But mainly because Manager Chris Vickers wasn`t in with the ignorant click and was a person when available, I could talk to, unfortunately for whatever reason this man was not at York long enough to change things. I find it strange, that of the few Managers who would speak to me, they all got moved on and in some cases victimised, one such Driver Manager being Naz Chikhalia.
There are 3 main points to take from this report written by Manager Chris Vickers.
a. “We have also contacted fleet verbally and via email in respect of the cab heater problem, (an acknowledgement that there was a problem), and as of yet not received a reply”. It shows the breakdown in communications within TPE.
b. “I can only apologise for the slow response but that is the way things seem to work at the moment, things will hopefully improve”. I wish things had of improved, but sadly it just got worse.
c. “In your report you state that you have a simple solution to these problems, could you please forward these to me in writing and I will take them up with fleet”. All Manager Chris Vickers had to do was read through my previous reports, but as seen with this Management, it may well be the case yet again of reports deliberately being withheld, so I cannot critisise Manager Chris Vickers for this.
ASLEF YORK BRANCH QUERY LETTER
There are 3 main points to take from this report written by Manager Chris Vickers.
a. “We have also contacted fleet verbally and via email in respect of the cab heater problem, (an acknowledgement that there was a problem), and as of yet not received a reply”. It shows the breakdown in communications within TPE.
b. “I can only apologise for the slow response but that is the way things seem to work at the moment, things will hopefully improve”. I wish things had of improved, but sadly it just got worse.
c. “In your report you state that you have a simple solution to these problems, could you please forward these to me in writing and I will take them up with fleet”. All Manager Chris Vickers had to do was read through my previous reports, but as seen with this Management, it may well be the case yet again of reports deliberately being withheld, so I cannot critisise Manager Chris Vickers for this.
ASLEF YORK BRANCH QUERY LETTER
_Further evidence of being IGNORED transpired when Manager John Moans wrote to the ASLEF York branch
chairman, (154 & 155), complaining about my
response to a letter sent from Manager Chris Munnerley to me. Why couldn’t Manager John
Moans speak with me?
Even the ASLEF Branch Secretary states, "My final comments about cementing a relationship however are sincere, for we will get nowhere if we don`t".
The IGNORANCE was there for all to see.
ASLEF Branch Secretary`s Response to Manager John Moans
Even the ASLEF Branch Secretary states, "My final comments about cementing a relationship however are sincere, for we will get nowhere if we don`t".
The IGNORANCE was there for all to see.
ASLEF Branch Secretary`s Response to Manager John Moans
Branch Secretary Tony Penn once again highlights the fact that we need to have a good working relationship between Management and the ASLEF Representatives, to think that TPE took over this franchise in February 2004 and we still have not got a decent working relationship in October 2004!
DISCIPLINARY APPEAL HEARING 2nd NOVEMBER 2004
DISCIPLINARY APPEAL HEARING 2nd NOVEMBER 2004
_My representative Nick
Whitehead makes the point (No 7) about the
doctor`s recommendation to have a joint discussion with line managers to clear
the air. Like I pointed out previously, this never happened.
_
Andrew Gorton the manager taking this appeal said (157) (No 2) , “John Moans had liaised with colleagues in fleet and the control department with a view to myself gaining some understanding of the procedures along with the stresses of these departments”. “It was considered inappropriate to follow up the planned liaison with fleet and myself at this point”.
I find this totally amazing, I am constantly ignored, because I continue to bring to their attention health and safety issues which they deem derogatory, they behave as if I am a naughty schoolboy and withdraw help despite the doctor making it a clear recommendation, bearing in mind that they sent me to this doctor in the first place. I do not think they would have ignored her advice if she found in their favour,do you?
This childish attitude just inflamed an already fragile relationship leaving me with a further kick in the teeth and feeling of rejection. Is this really the behaviour of what you would expect from a professional management team?
Manager Andrew Gorton then said (No 6) that the company had tried to offer guidance and support but to no avail? How could I be offered guidance if they refuse to meet with me? I was offered no support whatsoever.
I asked (No 7) why my reports had been consistently ignored, the response from Andrew Gorton was typical of the ignorance, (No 10) he will not be drawn in to discussing particular action for individual issues.
To think that I am already frustrated and then to hear this response is just so demoralising. This is a senior manager with no understanding of health and safety legislation. I only wanted someone to speak with me. By not responding is the cause of all the problems.
Secondly he says that he can sense my frustration, but then urges me, “not to continue with my prolific report writing campaign against fleet and the aggressive and personal manner in which I allege the companies breach of Health and Safety legislation in respect of ETS”. (Environmental Tobacco Smoke).
He then points out that there are procedures and reporting lines to be followed. I simply cannot win, I even feel frustrated writing this statement, I have followed procedures and reporting lines, but how many more times, what can I do, when I am always IGNORED.
As an health and safety representative I was duty bound to make representations on my own concerns and that of fellow workers, I found serious concerns with fleet issues that had the potential to cause a serious incident. As for ETS, I wanted to be able to work in a smoke free environment and have my rest breaks in the same smoke free environment. Because I used health and safety law to promote my argument for a smoke free environment, TPE clearly took offence. Once again ignoring my representations on this issue and requesting that I refrain from writing reports.
Andrew Gorton the manager taking this appeal said (157) (No 2) , “John Moans had liaised with colleagues in fleet and the control department with a view to myself gaining some understanding of the procedures along with the stresses of these departments”. “It was considered inappropriate to follow up the planned liaison with fleet and myself at this point”.
I find this totally amazing, I am constantly ignored, because I continue to bring to their attention health and safety issues which they deem derogatory, they behave as if I am a naughty schoolboy and withdraw help despite the doctor making it a clear recommendation, bearing in mind that they sent me to this doctor in the first place. I do not think they would have ignored her advice if she found in their favour,do you?
This childish attitude just inflamed an already fragile relationship leaving me with a further kick in the teeth and feeling of rejection. Is this really the behaviour of what you would expect from a professional management team?
Manager Andrew Gorton then said (No 6) that the company had tried to offer guidance and support but to no avail? How could I be offered guidance if they refuse to meet with me? I was offered no support whatsoever.
I asked (No 7) why my reports had been consistently ignored, the response from Andrew Gorton was typical of the ignorance, (No 10) he will not be drawn in to discussing particular action for individual issues.
To think that I am already frustrated and then to hear this response is just so demoralising. This is a senior manager with no understanding of health and safety legislation. I only wanted someone to speak with me. By not responding is the cause of all the problems.
Secondly he says that he can sense my frustration, but then urges me, “not to continue with my prolific report writing campaign against fleet and the aggressive and personal manner in which I allege the companies breach of Health and Safety legislation in respect of ETS”. (Environmental Tobacco Smoke).
He then points out that there are procedures and reporting lines to be followed. I simply cannot win, I even feel frustrated writing this statement, I have followed procedures and reporting lines, but how many more times, what can I do, when I am always IGNORED.
As an health and safety representative I was duty bound to make representations on my own concerns and that of fellow workers, I found serious concerns with fleet issues that had the potential to cause a serious incident. As for ETS, I wanted to be able to work in a smoke free environment and have my rest breaks in the same smoke free environment. Because I used health and safety law to promote my argument for a smoke free environment, TPE clearly took offence. Once again ignoring my representations on this issue and requesting that I refrain from writing reports.
_
I even suggested a way
forward (158) (No 1) whereby we could get the
fleet department, HMRI and union representatives together to set out a plan of
action. Sadly as you can see in the transcript this was totally ignored.
Andrew Gorton then states (No 2) that my views were allowing me to become totally distracted which he thought was disturbing. What I find hard to believe by this comment is, if as a senior manager he has this concern, then he should have taken me off driving, because a distracted driver is clearly a liability and dangerous. What he forgets is, Manager John Moans thought this back in June, when he thought I was “paranoid”. The doctor totally disagreed.
At the end of this meeting I asked (No 7) Andrew Gorton if he proposed to change things and move forward, he agreed to sit down with me after the meeting. Sadly this never materialised as he had to rush back to his depot in Manchester.
Andrew Gorton then states (No 2) that my views were allowing me to become totally distracted which he thought was disturbing. What I find hard to believe by this comment is, if as a senior manager he has this concern, then he should have taken me off driving, because a distracted driver is clearly a liability and dangerous. What he forgets is, Manager John Moans thought this back in June, when he thought I was “paranoid”. The doctor totally disagreed.
At the end of this meeting I asked (No 7) Andrew Gorton if he proposed to change things and move forward, he agreed to sit down with me after the meeting. Sadly this never materialised as he had to rush back to his depot in Manchester.
_ On the 8th
November 2004, I received a letter (159) from
Manager Andrew Gorton, I received a severe reprimand and warned that any
further instances whereby I submit documentation containing derogatory or
unsuitable remarks may be treated more severely.
This was 2004, yet again, according to the investigation report, I regularly submitted reports with derogatory comments, why wasn`t I treated more severely? There was no action taken against me from 2004 to my dismissal in 2009.
Just how I felt about the ignorance is summed up in (160 & 161) the section titled "Bullying and Me", this can be found on the page directly below this section on the events of 2004. This ends the year 2004. But sadly not their IGNORANCE.
ALSO: Please see a follow up to the "Events of 2004", titled "2005 Reprimand".
This was 2004, yet again, according to the investigation report, I regularly submitted reports with derogatory comments, why wasn`t I treated more severely? There was no action taken against me from 2004 to my dismissal in 2009.
Just how I felt about the ignorance is summed up in (160 & 161) the section titled "Bullying and Me", this can be found on the page directly below this section on the events of 2004. This ends the year 2004. But sadly not their IGNORANCE.
ALSO: Please see a follow up to the "Events of 2004", titled "2005 Reprimand".