Sunday, 17 February 2013

My story in brief - abuse of power

On my own I am powerless:
Washing one's hands of the conflict between the powerful and the powerless means to side with the powerful, not to be neutral.
Paulo Freire

About me and my blog

In 1974 I achieved my childhood ambition and became a teacher in UK schools. Since then I have had a number of roles, in the latter years specialising in early years and children with additional support needs. I have positive records and references from all of my posts. I produced these for the Tribunal Hearing.
In April 2004 I was appointed an an advisory teacher for West Sussex County Council ( WSCC). From that date until March 2009 my 'Individual Development Records' were positive and I had good feedback from managers and our service users.
This turned from the point that I reported bullying in the workplace. I requested that the word 'bullying' was not repeated as I knew it would be emotive and make conciliation more difficult.
I tried to resolve this informally but was not given any support, so I followed the advice given to me and initiated a grievance, in accordance with the WSCC policy which was part of my contract of employment.

The basic facts are:
The grievance procedure took nine months, and throughout that time the bullying escalated to include 'People Management.' I have a record of the incidences, which I reported to People Management and ultimately to the correct 'reporting officer' appointed to listen to my concerns under the WSCC 'confidential reporting policy.' My disclosure to this officer was not kept confidential, and some four months later it was used in an allegation against me at dismissal level.
Even if the officer believed I had no cause, I had the right to have it acknowledged, kept confidential and investigated, not turned against me and used to dismiss me. 
 
I was summarily suspended one day after the grievance procedure was completed. The recommendation from the councillors at the final stage was for 'mediation from qualified personnel' as soon as practicable. There is a record of myself and the managers involved in the grievance asking for mediation, throughout the process and in the final grievance hearing. This was ignored, making a sham of the whole grievance procedure. This was just one of the points I brought to the attention of the reporting officer.
I was suspended from March 2009 to my dismissal on 10th December 2009. I continued asking for details of the two initial vague allegations, but was not given a response, apart from ' you will be supported on your return to work.'

The next shock was in May 2009. I was offered a compromise agreement to leave, with a threat that I 'may be dismissed.' I have been told by lawyers to 'leave my feelings out of it', but I felt like I had been punched in the stomach. I still did not know what I was supposed to have done wrong to warrant dismissal. This was closely followed by an offer of redundancy, even though we were still recruiting in my department.

The evidence I produced to defend the allegations was ignored. I have explained in my witness statement for the tribunal hearing that the evidence collated by the investigating officer does not support her accusations. In fact it is quite the opposite, they show that I was innocent. The intention was to dismiss me, and the reason was that I had taken out grievances, which were essentially disclosures about bullying and then made a confidential disclosure under the WSCC 'whistle blowing' policy.
I believe that any reasonable person would agree with me that the disciplinary, to put it in simple terms, was a kangaroo court. Again the WSCC policy was not followed.

This abuse of power has continued through to the tribunal procedures. No reasons have been given for the decisions, just blank denials and unsubstantiated accusations. The evidence I presented was not acknowledged. My witness statement was ignored. The latest accusation is that I am being vexatious, simply for appealing a decision. No other reason has been given.
 
In the final tribunal hearing the respondent and the judge referred to minor misunderstandings with our service users that had been resolved years previously. These were all regarding misapprehensions about my brief. I found myself defending 'requests for an alternative visitor' which the Judge would only allow me to describe as 'complaints.' There are no records of such complaints. Within the folders of evidence produced for the tribunal hearing, there are records of these issues being resolved, including thanks from my line managers for doing so. The judge told me that it was not necessary for me to find these.

My identity, my vocation and my livelihood have been taken away from me. I did nothing wrong. I am now virtually unemployable.

There are strict time limits on Tribunal procedures but there are no time limits for telling my story. I am telling the truth and have documentation to back up all of the facts I will present. I am asserting my right to freedom of speech and will not insult or lie about anyone.


QUOTES:

My hope:
“There is a power that can be created out of pent-up indignation, courage, and the inspiration of a common cause, and that if enough people put their minds and bodies into that cause, they can win. It is a phenomenon recorded again and against in the history of popular movements against injustice all over the world.”
― Howard Zinn, You Can't Be Neutral on a Moving Train: A Personal History of Our Times


I have been told constantly that I will fail:
 
The probability that we may fail in the struggle ought not to deter us from the support of a cause we believe to be just.
Abraham Lincoln

“I don't know about you, but I only have one life, and I don't want to spend it in a sewer of injustice.”
―
Wallace Shawn


“Some things you must always be unable to bear. Some things you must never stop refusing to bear. Injustice and outrage and dishonor and shame. No matter how young you are or how old you have got. Not for kudos and not for cash: your picture in the paper nor money in the bank either. Just refuse to bear them.”
― William Faulkner, Intruder in the Dust
 
 
 

No comments:

Post a Comment