ERYC Lose Employment Tribunal Case

In July ERYC lost a Employment Tribunal Case. Please see Mr D.Cox v East Riding of Yorkshire Council – July 2017

For reasons known only to themselves ERYC have failed to inform members of the case. In my opinion all members must be informed of any Employment Tribunal Case that we lose.

I have requested Caroline Lacey, ERYC Chief Executive informs all members of all Employment Tribunal Case that we lost over the past two years.

Letter From Ex ERYC Employee

The following letter to Caroline Lacey is sent by Neil Tate Retired Ex ERYC Employee and Bridlington Resident.

Dear Caroline,

I attended a Tribunal Case (Mr D Cox v East Riding of Yorkshire Council: 1802164/2016) Employment Tribunal Decision Decided: 31 July 2017.

I request under the Freedom of Information act, to know the total cost of the Barrister and also the Solicitor who attended the two days at this Hearing.

Having attended both days and heard everything that was said, I would also like to express my concerns regarding the facts that a Director, Nigel Leighton and the Managers Paul Tripp, Mr Andy Height and Mr Brackenbury, all failed to take on board the facts that Mr Cox had brought to their attention, the Councils own Policy on each occasion and Mr Cox’s Contract of employment which clearly proved that all together, Mr Cox should not be given any final warning and neither should he have been dismissed. Their failure to apply this Council’s policies, is surely a disciplinary matter. The fact that Mr Cox’s defence was clearly cast aside and not listen to, when such a decision would have had a very major impact on his future. I consider this is outrageous and to me this constitutes a form of Bullying. These managers used their position (power), to disregard any defence that Mr Cox presented to them.  There are many forms of Bullying and to me this constitutes one of them.

Any form of Bullying should be of a major concern to yourself, after all, you are The Chief Executive and are responsible for all this Council’s employee’s wellbeing and therefore buck stops at you. I am aware that Mr Leighton, has now retired and is no longer in a position to have an impact on anyone else’s future within this Authority. This cannot be said to be the same for Mr Paul Tripp, Mr Height and also Mr Blackenbury, all of whom had the opportunity to look carefully into what Mr Cox was telling them, with regards to the failures in their own understandings of the Councils Policies.  I hope that you will take on board what I am saying, having personally witnessed what was said at the Tribunal over the two days and now having read the Tribunals Judgement, that is there for everyone to see on line. I hope that in the interests of all the East Yorkshire Councils employees, that you will now investigate this matter and that this will be treated in a very serious way. Bullying in any form should not be tolerated and the fact that an independent Judge, has stated that it was unreasonable of management not to listened to Mr Cox, I believe this proves the need for this investigation. This also leaves me wondering if there is a possibility of collusion between these managers, regarding Mr Cox, bearing in mind that Mr Cox had been like myself, a very outspoken Shop Steward, whilst in employment with the Council. Both myself and Mr Cox felt the need many times to be outspoken on matters we felt unjust. The Tribunal was about an unfair dismissal case and this Councils management has been proved to have acted unfairly. Managers that do not give employees a fair hearing, are I believe not good managers and if this is proved to be the case, the question should now be asked, “if they should remain as managers”.?

This whole affair has probably cost the Council, many thousands of unnecessary pounds. Questions also need to be asked, regarding who allowed this to go to a tribunal, in the knowledge that this would have a financial impact on the Council, regardless of the outcome. Surely, the Council should have professional legal personnel, who could see the evidence being presented and realised that the Council, was likely to fail in its attempt, to win their case. The Judge I believe, has upheld Mr Cox’s case on every point that Mr Cox made. The Council failed in its legal presentation, does this not smack of their incompetence and in the process bringing the Councils good name into disrepute. Surely this in its self is yet another disciplinary matter.

I feel the need to remind you that I was failed by the management, when Mr Tripp was made aware that speeding, was taking place with the refuse vehicles. He did nothing to stop it at that time and therefore sanctioned the breaking of the law, until I involved VOSA. Yet again another instance when the Councils good name was brought into disrepute. Council Policy states that anyone bringing this Councils good name into disrepute can be disciplined. This has now enabled the Council to fall foul of its own success with disastrous financial implications.

Please progress my complaint with honesty and integrity.

Yours sincerely

Neil T Tate.

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