Please read to the end of this post.  A very dangerous situation is developing on Wirral.

The following is an FoI request I placed with Wirral Council back in January 2012:

http://www.whatdotheyknow.com/request/dass_recent_departure_of_two_sen

It’s been attracting so many hits lately, if you type into Google the two word phrase “Officers Departure”, it comes out top.

The background to the request is a very controversial and rather sad one.  Wirral Council has now been exposed as an abusive and failing organisation and its current Chief Executive Jim Wilkie even had to admit publicly that this was the case – after a whistleblower, former Wirral social worker Martin Morton, blew the whistle on outrageous conduct by senior Department of Adult Social Services staff.  This involved in part, the taking of £500,000 over a period of up to 9 years from learning disabled tenants of Council Supported Living accommodation in the Moreton area of Wirral.  Reportedly, five of the recipients of this financial abuse have since died.  Martin Morton had been trying for years to have the unlawful process stopped, but to no avail.  He quickly became the target of intense bullying and alleged mobbing.  There were also suspicions of a similar unlawful process applied to council tenants in Birkenhead, although this is yet to be confirmed.  Jim Wilkie admission here; see clause 7.1:

http://democracy.wirral.gov.uk/mgConvert2PDF.aspx?ID=21125

Two independent investigations followed; the first into bullying and abuse of power (by Martin Smith of North West Employers), and the second, far more wide ranging, looking into corporate governance, the way the Council had set up and monitored Social Services’ contracts within its own jurisdiction, and much more, within a broad remit.  It seems that neither of these investigations were documented adequately and that interviews were not tape recorded or minuted.  Link to Anna Klonowski Associates report:

https://docs.google.com/file/d/0BxrkIjRDgrB-OGE5YzZiNWItMjQ4Yy00NDU2LTk1NDAtMTQxYmRhN2FjODhh/edit?pli=1

The findings of the AKA report will not be explored here, suffice to say they uncovered serious failings in Corporate Governance and outrageous, abusive conduct by senior officers of the council and some of the appointed care contractors.  The public have yet to see a fully open and unredacted copy of the report.  Despite hollow assurances of a new found “openness and transparency”, only a limited number of officer, councillor, contractor and advisory bodies’ names have been made viewable within it.

Many months on, the Wirral public are also patiently waiting for some semblance of accountability.  It would normally follow that proven abuse, carried out over a period approaching a decade, thoroughly investigated, and exposing the known perpetrators…. would be acted on.  However, it seems things are done differently on Wirral, and they may not be prepared to satisfy the growing public desire for accountability.  The detailed findings of the 250 page report seem to be clear and conclusive, but there’s no willingness as yet to follow through on previous promises to discipline the guilty, clear out the abusers and start afresh.

So nothing much has happened, save the issuing of strings of empty words, and the calling in of LGA / SOLACE colleagues at massive expense, to ‘put things right’.  And the Wirral public are becoming concerned that 1. They’re being taken for fools and 2. That those in power are not going to risk letting go of that power without a fight.

The above FoI request aims to get under the skin of the reasoning for the council doing what they did.  Here’s what they did:

1. Suspended two senior officers named by the whistleblower in 2008.

2. Investigated them under the pseudonyms “Employee A” and “Employee B” (See this link to another website):

http://blowingthewhistleonareallyrottenborou.blogspot.co.uk/search/label/%22Employee%20A%22)

3. Exonerated one, sent a letter to the other, before reinstating both.  The recently new in post Council Leader, Phil Davies chaired the meeting which did this.

4. Suspended them again in 2011 following the release of the supplementary AKA report.

5. Came to an agreement with both of them, then allowed them to leave by “mutual consent” a couple of days before the full AKA report was released to the waiting public.

Absolutely no disciplinary process was followed by those with the power to level gross misconduct charges.  Instead they deviated from the norm and followed a strange course, allowing the pair to leave, perhaps with a “clean bill of health”, all wrapped up in a compromise agreement, potentially with a “gagging clause”.  This clause will almost certainly specifically disallow the signatories (including potentially the issuing body) from talking about any of the reasons for the issuing of the agreement, beyond a close knit circle including legal advisers, unions, the tax people and members of their immediate family.

The wider effect of this is that any and all references to learning disabled abuse as regards these two are very effectively concealed and put to bed here – inside a legal document.  The legitimate public interest into the workings and the abuse of the local council is therefore frustrated and stifled.

Perhaps one has to approach this from a different angle and ask, “If they weren’t directly involved in proven disabled abuse, why were they hurried out of their jobs days before the full version of a damning independent report was to be issued?”

Those with the power to time the issuing of the report, and those with the power to time the disposal of “Employee A” and “Employee B”… are the very same people.  Those at the very top.

Although this could very easily have been predicted, it’s now become clear that one of the employees doesn’t want to rest on his/her laurels and go into early retirement, despite the strong suspicion he/she’s been handed a tidy sum of public money.  He/she is now setting out a well-stocked stall on the “LinkedIn” website, hoping perhaps to pick up a senior role at another public organisation e.g. another council; a health trust; a private care provider?

Wirral Council continue to drag their feet with the above FoI request and there’s no end in sight.  The Information Commissioner knows the dangers; Tim Kelsey, the Cabinet Office Transparency and Open Data Czar knows the dangers – these people and organisations have been informed.  I’m waiting.

I hope to hear from them soon, before it’s potentially too late……..

Reblogged from #FoILed again?:

This week, I received an important and favourable Decision Notice from the Information Commissioner – here

13 months ago, in early January 2011, I placed the following request via the excellent WhatDoTheyKnow website:

http://www.whatdotheyknow.com/request/stephen_maddox_former_chief_exec

This asked for information related to the circumstances in which the former CEO had apparently applied for early voluntary redundancy.  The matter had been presented for discussion at the following special committee meeting on 17th August 2010:

Read more… 189 more words

Reblogged from #FoILed again?:

Click to visit the original post

Senior Officers – a Requirement to Declare and Register Personal Interests

This request was updated by Cheshire West and Chester Council on 30th August, with some very good news.

My internal review has been upheld.  The council had failed to successfully apply a Section 22 exemption, as expected, and their desire to hold onto the information until October collapsed.  They have now offered to produce it within 35 days (October – lol). 

Read more… 181 more words

This week, I received an important and favourable Decision Notice from the Information Commissioner – here

13 months ago, in early January 2011, I placed the following request via the excellent WhatDoTheyKnow website:

http://www.whatdotheyknow.com/request/stephen_maddox_former_chief_exec

This asked for information related to the circumstances in which the former CEO had apparently applied for early voluntary redundancy.  The matter had been presented for discussion at the following special committee meeting on 17th August 2010:

http://democracy.wirral.gov.uk/ieListDocuments.aspx?CId=197&MId=3209&Ver=4

Here is the agenda:

http://democracy.wirral.gov.uk/documents/g3209/Public%20reports%20pack,%2017th-Aug-2010%2017.30,%20Employment%20and%20Appointments%20Committee.pdf?T=10

Item 3 was restricted, and if there were any members of the public present, they would have been cleared out of the room.

BUT… The Information Commissioner has now ruled, after 13 months, that the report held here needs to be released by the Council. They were wrong to withhold the information and to place these restrictions on it.

This is the ICO Decision Notice, #FS50406724:

http://www.easyvirtualassistance.co.uk/18 02 12 – ICO Decision notice – Maddox retirement.PDF

The ICO has given the council 35 days from 15th February 2012 to supply me with the report.  Failure to do so may be reported to the High Court and treated as contempt.

Both myself and the council have the option of appealing any aspect of this decision notice to the First Tier Tribunal.

Watch this space for updates.  The report will appear here when I have it.

The report is now in.  Click here:

http://www.easyvirtualassistance.co.uk/Maddox withheld EVR request.pdf

Full marks to this FoI requester – for using WhatDoTheyKnow to take a thorny issue to the heart of the ICO – the UK regulating body, overseeing information and data.  On the surface, this request may seem cheeky / provocative / frivolous, but far from it…. the Information Commissioner, whilst stating last year that public bodies would most likely be in breach of the Act, should an FoI request be made by a ‘banned’ ex-employee, has recently admitted that it has no power to prevent public bodies opting out of their obligations under the FOI Act by including gagging clauses in compromise agreements.  So questions like this should be expected.  But just LOOK at the standard of response it received.

The request goes as follows:

Dear Information Commissioner’s Office,

How many compromise agreements, or similar settlements for people
who have resigned from the Information Commissioner’s Office have
been signed in each of the past ten years, including this one?

For any agreement signed, did it include any provision for the
individual to agree not to make FOI and DP requests, or to
correspond with the ICO?

How many allegations of unfair dismissal have been made against the
ICO in each of the past ten years, including this one?

Yours faithfully,

The ICO response came within the required 20 working days (you’d hope so given this is the regulator) – but despite this, it can only be described as “sloppy”.  They’re at pains to say there’s a whole lot of  ‘considering’ going on, but there’s very little of the much-trumpeted and much-hoped-for ‘openness and transparency’:

The number of compromise agreements and allegations of unfair dismissal
broken down in to each year is exempt under Section 40(2) by virtue of
Section 40(3)(a)(i) of the Freedom of Information Act 2000.  This section
of the Act allows a public authority, such as the ICO, to withhold
information in response to a request under FOIA when the information being
requested is the personal data relating to someone other than the
requester and where its disclosure would contravene one of the Data
Protection Principles.

We consider that because of the small number of compromise agreements and
allegations of unfair dismissal in each year it would be possible to
identify the person or ex employee of the Commissioner.  Therefore, this
would be the personal data of each of those individuals.  In these
circumstances there would be no reasonable expectation of those
individuals that these details would be made public and released in
response to such a request, and in some cases a further degree of
confidentiality was provided.  To release this personal data broken down
into years would therefore be unfair and in breach of the first data
protection principle which states that – Personal data shall be processed
fairly and lawfully…

I can however confirm that in the last ten years there have been nine
compromise agreements or other settlements and two allegations of unfair
dismissal.

We also consider that the details of, or provisions within, those
individual agreements is exempt information under Section 40(2) of FOIA
for the reasons detailed above.

I hope this information is of some interest and assistance.

OK, the unwillingness to risk identifying recipients of compromise agreements due to the small numbers involved sounds reasonable on the surface, but eagle-eyed readers will have spotted pretty much immediately that the ICO, the regulator of all things data and information has failed to respond to the WHOLE question.

Here was a pretty unambiguous request for details of FOI / DP related “provisions” (gagging clauses aimed at preventing the recipients of compromise agreements exercising their statutory information and data querying rights) which the requester made reference to in his initial query – “did it include any provision for the individual to agree not to make FOI and DP requests, or to correspond with the ICO?”

As is his right, the requester then came back with a request for an internal review to be undertaken by a senior officer:

I would like to request an internal review on the following basis.

I do not believe that it would be possible for an individual to be
identified purely because you confirmed that, for example, “there
was one compromise agreement signed in 2006″.

I would also like a review on the issue of whether any agreement
include provision not to make FOI / DP requests. Given that the
Information Commissioner is the FOI / DP regulator, I believe that
anyone signing such an agreement would have a reasonable
expectation that this information might be made public. However, I
also do not believe that it is possible to maintain your position
that the information is not disclosable in the format you used to
respond. In confirming that there have been nine agreements or
other settlements, I do not believe that there would be any
possibility of identification if you confirmed that any or all of
the agreements included a provision not to make FOI or DP requests.

Yours faithfully,

Spot on.  The justification given for not releasing the numbers of compromise agreements was NOT explained very well and the reasons given were sparse.  It’s not surprising that the requester wasn’t happy.  As for the FoI / DP gagging clauses, I’m more inclined to believe the regulator either missed the point or deliberately didn’t address it, rather than failed to mention it because it could have identified individuals.

Eventually, on 23rd November, what can only be described as a ‘partial climb-down’ came through the ether:

Dear …….

Case Reference Number IRQ 0421243

I refer to your email of 3 November 2011 asking for an internal review of our decision on your FOI request to us of 19 October 2011.  I have now had an opportunity to discuss the basis for our original decision with my colleague Charlotte Powell and to carry out the review you have requested.  We now believe that there is some additional information that we can provide you with.

So far as compromise agreements or similar settlements are concerned the main difficulty for us is in identifying those years in which there were no such agreements.  This would disclose personal data about all those who left the ICO’s employment during the year in question, by telling you, with absolute certainty, that more of them benefited from a compromise agreement or similar settlement.  However, provided that we do not distinguish between those years in which there were no agreements and those years in which there was only one, we consider that we can disclose the information requested without breaching the Data Protection Act. 

We are therefore able to disclose the following to you:

YEAR No. OF COMPROMISE AGREEMENTS OR OTHER SETTLEMENTS UNFAIR DISMISSAL CLAIMS
2011/12

 

10/11

09/10

08/09

07/08

06/07

05/06

04/05

03/04

02/03

2

 

3

0/1

0/1

0/1

0/1

0/1

2

0/1

0/1

0/1

 

0/1

0/1

0/1

0/1

0/1

0/1

0/1

0/1

0/1

 So far as the question of whether any agreement includes provision not to make DP/FOI requests is concerned a similar consideration applies.  If we were to openly disclose that none of the agreements contains such a provision this would tell anyone who might already know that a particular person has benefited from such an agreement something about that agreement and hence disclose personal data about that person.  However, on reflection we do not consider that, in this case, there could be any meaningful breach of the Data Protection Act given that it is so improbable that we, as the information rights regulator, would ask someone to agree to a term signing away the very rights we are seeking to uphold. Indeed it is a little disappointing that you feel the need to even ask this question of us.  However I can confirm that no such term has been, nor would be, included in any compromise agreement or other settlement between a former member of staff and the ICO.

I hope this provides you with the information you are seeking.  If you remain dissatisfied you have the right, under section 50 of FOIA to apply to the Information Commissioner for a decision as to whether your request has been dealt with in accordance with the Act.  If you make such an application it will be considered independently of your original request and this review.

Yours sincerely

David Smith 

Deputy Commissioner

When you consider this response came from the Deputy Commissioner himself, it’s pretty startling to read “……. Indeed it is a little disappointing that you feel the need to even ask this question of us.

It’s worrying to think that the Deputy Commissioner is on the defensive, acting all affronted and has to be dragged protesting over the need to address probing questions, especially given that his  own organisation now appears to have been sidelined by clever lawyers in this area.  A number of  ‘publicly accountable’ organisations are pouring council tax or central government money hand over fist into insidious devices aimed at blocking the free flow of information; or actively circumventing their own stated obligations as public data controllers’ under both Acts.

But why would they seek to do this?  Because when they’re caught red-handed breaking the law or up to their collective necks in deceit, or immoral behaviour, the last thing they want is somebody they regard as a ‘troublemaker’ using the statutory provisions within the FoI or DP Acts to expose their deplorable conduct.

So, riding in on a white charger come compromise agreements (see Glenn Mulcaire and #Leveson) – a legal option available to them, backed by the Law Society, the Local Government Association, by unions and by central government.  These agreements (and the gagging clauses within them) are a cornerstone of reputation management, which sweeps (and conceals) all before it.


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The following comment has been added to the Government’s Opendata Consultation (recently ended):

“Two UK Councils have implemented a means of preventing ex-employees from exercising their future FoI / DP querying rights.  These were drawn up within compromise agreements following internal disputes.  These are Cheshire West and Chester Council, who have stated they will use the ‘ban’ again and Brent Borough Council.

The Information Commissioner has confirmed that the practice does not breach either Act.  No breach is committed because the recipient of the ‘ban’ will not make a request for fear of being pursued through the courts by the ex-employer.

The recipient of the ‘ban’ would need to make a request, have it turned down by the data controller quoting the ‘ban’ as the justification for withholding information.  The ICO would then step in, because its own opinion is that the only means of withholding data is through an exemption written into the Act.

However, there is a loophole waiting to be exploited here. Councils who have a lot of ‘dirty washing’ they don’t want to hang out in public, could use this tactic as an ongoing means of concealment.  There is even scope for them to feel emboldened, and to continue behaving immorally or unlawfully, because they have an effective means of covering up.

I feel the Act needs to be changed or a judicial review should be sought to prevent this happening.

At the moment, we have a situation where councils are free to claim a commitment to openness and transparency, whilst breaching their own internal data and information policies and breaching the spirit of the FOIA and the DPA.”

Thu, 27/10/2011 – 10:52 — Paul Cardin

More here: tinyurl.com/65ebm5o (Page 6)

And here: http://tinyurl.com/6gaf2ts

And here: http://tinyurl.com/3sufvqo

Link: http://data.gov.uk/opendataconsultation/questions


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The following passages may be useful for people in serious trouble in the workplace.  You may have blown the whistle on bad practice, or lodged a grievance, or been going through internal processes, hoping that the next particular meeting will be THE ONE to resolve it all.  But why is this NOT happening?  It’s about good will on both sides, but very often, you can be treated as a ‘troublemaker’ and have become ‘the problem’ and therefore, in the twisted logic of the corrupt, the one to be eliminated.

These passages consist of several carefully written phrases which you can lift and use immediately, or maybe adapt, chop and change for your own purposes.  Whatever you choose to do, they’re designed to provide inspiration and get the brain into gear.

There’s nothing worse than sitting in front of a blank piece of paper, or a blank screen, desperate for words.

Pick the ones that suit your situation, fill in the required words and names where there are dots.  This stuff really works and can petrify stupid managers – stupid? What am I saying?  Most of our managers are superbly intelligent, creative and inspirational beacons of light aren’t they?  AREN’T THEY????????

GOOD LUCK!

  1. The manager’s decision is wayward and misguided and comes as a complete ‘hammer blow’ to me. It amounts to an elaborate collection of far-fetched ideas that are subjective – and built upon nothing more than innuendo, guilt by implication and a number of falsehoods that are readily disproven.
  2. The decision to……………….. is self-serving, and is an undignified rearguard action, designed to give as little as possible.  It is nothing more than a diversionary tactic, intended to shift the spotlight away from the guilty parties and onto me – but with little or no justification.  Nothing within the wording bears scrutiny and much of it appears to have been plucked from the air.
  3. Your statement regarding……………… employs classic smear tactics, by trumping up charges to create the illusion of wrongdoing on my part, before appearing to provide a so-called solution by threatening disciplinary action.  It is very quick to condemn, however there is a telling absence of hard evidence to support the employer’s position and nothing, save strings of empty words, to indicate any wrong behaviour or poor performance.
  4. My mental health has been damaged, but there is a noticeable reluctance to accept and acknowledge this within the decision – a decision which has been found completely wanting.  The conclusions reached are largely built upon imagined events and make many glaring errors or wrong assumptions.  The decision you have arrived at is deliberately selective, manipulative, omits several important areas and offends by threatening performance management or apportioning responsibility to me where there is no call for such redress.
  5. The weak basis for these findings is at odds with the facts, and is self-destructive and clearly seen to undermine the employer’s authority and standing.  The conclusions reached serve only to mask the genuine problems, and indicate a coarse attempt to distance management from personal culpability for their own failings.
  6. The management position is a world away from the commendable values listed within the employee’s handbook, and as a result, the decision represents an extraordinary failure which cannot be condoned in any respect whatsoever.
  7. The decision lapses into near silence on the proven management failings established by the investigation.  These failings are given an extremely low profile, as is the lack of redress for those whose conduct was found to have been wanting.  Yet by contrast, management have rounded on me, making inappropriate and misguided calls for punitive action.
  8. This approach deliberately bypasses the substance of the complaint, and is clearly aimed at sidestepping accountability, crushing me, and deterring others from following prescribed and approved processes in the future. Despite my best efforts to achieve fairness, this has been ignored, and the whole thrust of the decision paints a disturbing and negative picture.
  9. I hope that this appeal provides an opportunity for the presiding director to examine the reasoning behind such wayward findings, and to call them into question.
  10. The central focus is flawed, and is dominated throughout by a large number of irrelevant and shallow accusations.  These are weak and unsavoury, have little merit or substance, and have no grounding or justification in our rules and procedures.
  11. Having had little else to build a case on, management seem to have opted for a cynical and calculated tactic of diversion.  The clear inability to admit guilt whilst being found in possession of a weak case has forced them onto the defensive.  For these reasons, they have sought refuge in personalising the issues.
  12. To achieve their ends, they have chosen to ‘attack the messenger’ by heaping trivial and unfair criticism upon me.  This characterisation of me is factually inaccurate and completely uncalled for.  My purpose in following the internal procedures and sending detailed information was to help and not to hinder.  A reactionary response like this was not unexpected – but as it peppers the decision statement from start to finish, it is clearly the main thrust – and as such, is self-defeating and damaging to all concerned.
  13. The decision to attack me in this manner erodes respect, undermines the integrity of the formal process and trivialises our own internal policies and procedures.  These policies were not drawn up in order to personalise the issues or attack the individual, but to counter real misconduct where it occurs.
  14. I have complied with the Employer’s policies and procedures from day one.  However, my attempts to have the issues addressed in line with the same policies and procedures have been repeatedly thwarted – and I appear to have been branded a troublemaker.
  15. At the same time, managers have shown a clear reluctance to adhere to their own guidelines, which call for balance, and the utmost integrity and professionalism.  Managers have mishandled my complaint, have been far too anxious to rebut my concerns and have attempted to stifle me at every turn.
  16. They have gone to great lengths in an effort to avoid accountability for themselves and their colleagues, and have seized upon every opportunity to pass the blame onto me, which has had the effect of protecting the individuals now proven to be at fault.
  17. When the opportunity arrived, I looked to Mr …………………. to use his influence, but he looked the other way.  Instead of receiving a level-headed response, my complaint was greeted by a complete overreaction, built upon falsehoods and ugly threats.  I have now become the innocent target of a ‘blame culture’, which has resulted in my hopes being dashed, and my worst anxieties confirmed.
  18. I have always made clear my faith and belief in the process, whilst indicating to management my increasing concern that something very wrong was happening as the situation unfolded.  The ‘toxic’ management behaviour was eventually raised to a level which had negative repercussions on my health – a possibility which was clearly spelled out beforehand to management by our Occupational Health Unit in written correspondence.
  19. Although I have repeatedly drawn management’s attention to this and other correspondence, Mr ……………….’s decision fails to acknowledge its existence.   Management have chosen not to heed this ‘alarm call’, which made further potential damage to my health and wellbeing both foreseeable and avoidable.
  20. I have continually acted honestly, forthrightly and in a timely manner.  I have regularly sought to enter into a mature and productive dialogue with management, yet my attempts to secure this have been stifled by a completely bureaucratic and defensive mindset.
  21. The response has been characterised by stubborn resistance, and an inability to talk, recognise and deal with the issues in an objective and even-handed manner.  There has been a preference for diversion, secrecy, or the promotion of hidden subtexts, born of desperation, which bear absolutely no relation to the real issues.
  22. Managers have engaged in resorting to unwelcome and inappropriate sanctions in an effort to make me ‘toe the line’.  Many counter allegations have been raised as a method of bolstering the management case and deflecting attention from its fundamental weakness – the lack of evidence to support such a punitive approach.
  23. Managers’ response forms an out-and-out rebuttal of my complaint, and the language employed is immoderate, threatening, inexcusable and out of all proportion.  The decision itself is ill-advised, without substance, and the findings and recommendations reached are distorted, and as such have absolutely no part to play in gaining resolution.
  24. The decision demonstrates a conscious disregard for my health and wellbeing – by classing my periods of sickness absence (and the damage caused to my health) as exacerbating the situation.  Such a position is inflammatory and there appears to be no recognition or acceptance, let alone mention of ‘work-related stress’.
  25. There is a deep reluctance to recognise and accept the extent to which my mental health has suffered through work-related stress over a protracted period.  The threats of disciplinary action and performance management are an insensitive and disproportionate response.  They are built upon the slimmest of evidence – and are the exact opposite of what is needed to address and remedy the situation.
  26. The Director’s decision amounts to the final chapter of a calculated and systematic approach to consciously deflect the blame away from management and towards me.
  27. The decision is completely over the top and would fail any test of reasonableness.  It is yet another closing of ranks, amounts to a wall of jargon and complexity and is a determined attempt to dodge responsibility for inappropriate behaviour.
  28. It amounts also to an ongoing failure to acknowledge and heed the important findings reached during the external investigation.  The allegations I made were denied all along by management, but in the end held fast and were later vindicated.
  29. Our policies and procedures could not be clearer – but it seems that inappropriate behaviour, although prioritised and targeted within the policy, has been ignored and left to thrive.  The organisation’s reluctance to lay the blame squarely at the door of the offending individuals is a resounding failure and adds insult to injury.
  30. What began as a serious, but small-scale issue – grew into something far more serious.  It is now a situation which has been allowed to wreak havoc, damaging my health, threatening my continuing employment, my future prospects and my ability to provide for my family.  Given the ongoing failure to act decisively, my confidence in the employer reaching a dignified and appropriate outcome has been seriously diminished.
  31. If management and HR had adopted a fair-minded and open approach, and acted upon the issues early on, the process would never have reached such a difficult point.  Despite their assertions, I have never detected any particular groundswell of support coming in my direction – far from it.
  32. A supportive, objective, non-judgmental approach was absolutely vital on the part of management, but with this opportunity now gone, it has become clear that the approach has descended into the base reactions of an unreasonable employer, failing in its duty.  This fundamental weakness of will has caused great concern for me, and damaged my health and wellbeing to such an extent that it may now attract the involvement of my solicitors.
  33. It appears that bullying and harassment is still occurring, but has advanced to a very senior level, and the Director’s refusal to accept and acknowledge ‘work-related stress’ as a factor, despite a clear request to do so, stands in the way of any resolution.
  34. This official heavy handedness, given its origins, only succeeds in magnifying the threat.  Mr …………………’s decision statement, showing callous disregard, describes my sickness absence as exacerbating the situation.  Such an unhelpful attitude in a Director is striking and incongruous – and indicates the need for a very rapid about turn, and an ideological change to the management mindset.


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