Contents

1. Background

2. The Issue

3. The sickness period

4. Union Avoidance and Sabbotage

Appendices

5. Optima Health employers’ assessment reports:

6. UNISON Final Decision Letter

1. Background

1.1. After 2 years working temporary agency as clerical support to Southwark Councils Major works department, I began my permanent employment on the 12^th September 2019. I quickly became respected through automating the performance and budget data analysis and identifying efficiency gains.

1.2. My Major works manager was then promoted to manage performance in the new homes department and I transferred with him as he wanted me to ‘watch his back’. We quickly became disillusioned because:

a) We were routinely expected to produce performance reports that falsely inflated the departments outturns, some of these were political.

b) Temporary staff were being retained for longer than the councils’ 12-month rule, and;

c) Funds and resources appeared to be misused to the detriment of the whole council, for example my manager told me that an agency worker was paid £800 per day as Rooftop Homes Manager. He was hired for over a year, without being accountable and did not produce any rooftop homes. Further, the department was, and likely still misinterpreting the rules concerning ring-fenced budgets and capital spending. As a result, the council may now not in 2026 fulfil its legal financial obligations in providing statutory services.

Prior to my secondment, my then manager and I reported to Stuart Davis, the New Homes Director (who became Southwark Construction Director) that money would run out in September 2023. Our recommended efficiency gains to mitigate were ignored and the significance of the report will be explained later.

At the outbreak of COVID, I developed a new ‘pseudo-database’ that enabled the whole department to work normally from home during lockdown, I did so while suffering COVID, which became a long covid condition.

1.3. On the 9^th October 2021 I was seconded to the Tenant Management Initiatives department (TMI), however my release from the New Homes department was delayed by 2 months as the council needed to recruit temporary cover from outside the council. My release was also conditional upon:

a) An agency worker be employed to cover my absence. The council contracted Ulyana Musica (a book keeper without data knowledge) without obliging Ulyana to enter a council building, my then manager complained to me that the pay rate was more than his at over £400 per day! My manager surprisingly received a warning from her previous employer. They told him that that Ulyana had been obstructive and over complicated and deviated from established tasks against all instructions.

b) That I help identify a commercial software to replace my in-house pseudo-database – I selected ‘Pam Win’ and wrote the specifications including the agreed testing and commissioning procedure.

My manager terminated his employment on the day that I moved to secondment.

1.4. Tenant Management Initiatives Department (TMI)

I began secondment as a monitoring officer with the TMI during Covid lockdown. I monitored and managed 5 of the 17 council estates who had elected to manage themselves at ‘arm’s length’ from the council. I monitored each estate for governance, fiscal and contractual soundness and the estate boards adherence to the council’s contract with them.

TMI induction was remote, without personal contact with my colleagues, their examples were neither consistent or reliable as no procedures were available and each colleague interpreted and approached their role differently. During my time I noted the following:

a) The estates had up to 10 times the rate of disrepair than those managed by the council, which revealed the TMI had not monitored them properly– I remedied complex repair issues such as communal heating that had been left unresolved for over 10 years by the TMI team.

b) I discovered tenants being victimised by their housing manager most possibly due to race or religion. Another example of failure and I was discouraged from getting involved by the TMI manager and peers.

c) Financial and governance irregularities across many of the estates, for example, the lack of written policies and procedures, including Companies House filing, ineffective audits and financial mismanagement which had not been properly monitored historically by the TMI manager and team.

d) An estate officer at their Brenchley Gardens estate had against the law and council policy, cultivated a relationship with a dying tenant during lockdown so to become ‘next of kin’. My reports and recommendations were ignored by the TMI manager who improperly cancelled the legal action that I had initiated. The TMI manager instead visited the premises and handled evidence. The housing officer has remained in employment within the borough without action any being taken.

e) Records reveal historic abuse of power and mismanagement by the TMI team who turned a ‘blind eye’ to shortcomings of individual estates while rewarding selected estate boards with inappropriate payments including payments in advance, for example repairs and redecoration allowances. In 2024, The Fair Estate, in the same road as the council left the TMI without repaying the many thousands of pounds it owes the council.

My contribution was rewarded with letters of commendation for my achievements from Cheryl Russel, the Director which oversees the TMI and grateful estate managers. Further, Yasmin White the senior manager selected me to organise the team’s attendance at a 3-day conference, where I also hired and drove the bus.

1.5. After my secondment ended on the 16^th October 2022, Micheal Scorer, Director of Housing Services asked me with the help of Perry Singh, as senior manager and long-term valued friend to compile a report concerning what I had discovered.

The report became influential, where the TMI department was reorganised under a new manager in 2024. Surprisingly under the circumstances, understand the whole team except one was allowed early retirement. The remaining member was promoted to TMI manager (his indiscretions ignored) while both Cheryle Russel and Micheal Scorer had resigned, possibly without notice. I believe this report was significant in my constructive dismissal as the senior managers considered me a ‘Whistle Blower’ (ignoring that I was asked to report by the Housing Director).

2. The Issue

This chapter explains through the following paragraphs how Zoe and Stuart had no intention of allowing me to complete my task of taking back my former role from Ulyana, the agency worker employed to cover for my secondment. The following text explain how the senior management belittled and humiliated me on my every attempt to articulate the barriers that they presented in fulfilling the task of taking back ownership of my former role. Finaly, this account reveals how senior managers misused the council’s welfare and sickness policies to create an environment that caused the councils Occupational Health consultant to instruct me to take immediate stress sick leave. Unison failed to represent me when copied into most emails.

2.1. I returned from TMI secondment to find the ‘New Homes’ department had been renamed as ‘Southwark Construction’ with the following changes:

a. The ‘new homes’ team of 18 had grown September 2022 to 60 approx. This included my new line manager, David Amos and his manager Zoe Davies.

b. The PamWin data system that I helped procure, specify and design was still not working having been incompetently implemented. e.g. data had not been cleaned or prepared prior to migration into PamWin and no User Acceptance Testing (UAT) testing had been carried out. The untested system would often freeze and crash. Ulyana (yet to hand over to me) was tasked with cleaning the data and developing a method of producing reports. However, Ulyana was untrained in data management and resorted to basing reports on my out dated and long disbanded databases.

c. Zoe held twice weekly team meetings asking how they can economise. Zoe would rebuke my references to the forecast that was written prior to secondment (see section Ch1, 1.2 above). Often Zoe would silence me saying ‘that’s enough of the history lessons Ivan’.

d. David Amos was similarly at odds with management when he observed an apparent misuse of capital spend. David told me that he raised the HMRC infringement with Chris OÂ’Brien, audit manager. According to HMRC, capital spend in construction starts on the day when a structure becomes built e.g., concrete. As a result, funding became challenged by the Greater London Authority (GLA) on occasion. Inappropriate definition has deprived the councils’ other departments of funds.

e. Additionally, David and I were unhappy that the council draws funds from the ring-fenced housing budget during a process they call ‘feasibility’. Un accounted funds are taken from the HRA to pay contractors to examine the feasibly of building on an estate. Very often the feasibility fails leaving the council out of pocket. Southwark Construction will then commission a later feasibility, often using the same contractors, where the name is changed that obscures reference to the original spend. This is repeated with slight variations. There seems little audit or checks on this activity which some newcomers to the team find unsettling. All the while essential services are being starved of this ring-fenced cash as a result of the excesses.

A freedom of information enquiry should verify or clarify the facts as outlined above.

2.2. Ulyana used the remote working arrangement via MS Teams to evade meaningful handover, Ulyana was not contracted to visit the council offices. On our first meeting, Ulyana apologised for not preparing handover notes as I had for her. Ulyana’s approach to the task was confused and changeable, Ulyana, who is not qualified or skilled at handling databases would rely heavily upon my old data sets, which she would link irrationally with parts of PamWin data to give reports that appear credible to her audience.

2.3. On 6 February 2023, I emailed David and later to Zoe when I discovered that Ulyana was deleting files and folders without informing me and producing reports where data was linked to my archived pivot table, which had been obsolete for over a year. (see ‘06 02 23 to David Amos Ulyana using obsolete data for reporting’).

2.4. In other emails I gave examples to David that detailed how Ulyana would sabotage my efforts by either cancelling or cutting short arranged handover time slots, giving other demands from Management as her reason. Ulyana consistently failed to convey anything meaningful throughout the whole period. Ulyana routinely deleted files and links or changed spreadsheet layouts without telling me, having instructed me to follow them. These behaviours prevented me from taking over the role as I was tasked by David and his senior manager.

2.5. On 7 February 2023 email to David stating that handover proved impossible as Ulyana only communicated via MS Teams as not contracted to visit council premises (see ‘07 02 23 Request that David Amos meet to discuss Ulyana non-cooperationÂ’). I emailed Zoe and copied in Rowena, raising the concerns that David and I had about UlyanaÂ’s working practices concerning data handling, report accuracy and security as unknown folders appeared in UlyanaÂ’s computer directory. Ulyana had also creating files outside of the departments filing policy. Zoe dismissed my concerns and UNISON did not respond. I then escalated my concerns to Stuart Davis, the Director. (see Â‘07 02 23 Ivan reporting Data breaches (GDPR) and incompetent data managementÂ’).

2.6. On 8 February I emailed Zoe to explain the Ulyana’s non-cooperation was the cause of my being unable to take over the role. (see ‘08 02 23 Ivan Report to Zoe about Ulyana obstruction’). Zoe later suggested that my claims were unfounded.

2.7. On 15 February 23 I gave up hope of receiving online help from the ‘employee assistance programme’ and I formally asked David Amos to be referred to the councils Occupational Health (see ‘15 02 23 Request to David for OH Ivan Stress at work’ and ‘22 02 23 David Amos instructed to whole Team Stress Risk Assessment’). I then experienced a mental breakdown I at a team meeting and met with Zoe immediately following. At the meeting, I explained to Zoe how I felt powerless and set up to fail. However, I was upset to discover Zoe’s dismissive attitude expressed in her email summary of that meeting. Out of concern, especially as Zoe had formalised her attitude towards me in an email, I forwarded the summary to my local UNISON representative see ‘To Rowena – unison about Zoe breakdown meeting 31 03 23’.

I then spoke to Stuart Davis, director of Southwark Construction. Stuart stated in response to the following:

a) The high incidents (4 of a team of 6) who had either left or long-term sick were those who don’t like change.

b) Southwark construction is not like the council as its commercial so outside of the rules.

c) Stuart contradicted Zoe and David saying that he does not expect me to fully take over the roll from Ulyana, this contradiction caused me further anxiety.

d) That because of covid, he has authorised payments to contractor’s outside of the councils’ financial rules to prevent them from going bust.

2.8. Soon after my meeting with Suart, David confirmed by emailed that he would now take the lead in extracting work practice from Ulyana with me. However, David confided that he may be made to leave soon as he had fallen out of favour with Zoe. David also informed me that Stuart wants Ulyana to attend Tooley Street in person each Thursday, specifically for Ulyana to hand over the role and her methods to both David and me. However, on the first and only occasion that was arranged, Ulyana refused to visit. A virtual meeting took place instead where David acknowledged Ulyana’s arrogant avoidance to cooperate.

2.9. On 22^nd February 2023 David, my line manager supplied me with a stress at work assessment form which I completed with the help of Siobhan Withers, a colleague who had recently returned from long term sickness absence from stress. Indeed, Siobhan revealed the 3 members of our 5 team of 6 had been long term sick with stress and another (with special needs) was forced to resign. The risk report ‘Ivan Organisational-SRA DA v1’ was returned to David Amos on the same day. The report gave a very damning account of the managements behaviour towards me since my return. Siobhan urged that I should convert this into a grievance against the senior manager. The councils staff website via HR made much emphasis that staff should seek help when experiencing stress, holding dedicated stress awareness and metal health at work themed weeks. I was therefore very surprised to find that my application for assessment and approaches to the help resources had not been answered.

2.10. On 23^rd February 3023, I received and Occupational health interview (see Appendix 1, item 1 below) where I was advised the cease work and consult my GP immediately due to the severity of my stress. The GP signed me off sick and I received acknowledgment from David Amos on 23^rd February 2023 (see ‘RE_ Ivan Sick from D Amos 23 02 23’).

I immediately made an appointment with my GP and reported my sickness to David Amos.

3. The sickness period

This chapter explains how Stuart Davis, Director of Southwark Construction and Zoe Davies abused the councils support system to deliberately worsen my mental health condition, which they caused as illustrated in the previous chapter 2, ‘The Issue’. This chapter will follow the format where evidential documents are highlighted in yellow and numerically referenced in date order. Explanations are placed alongside these documents, so to illustrate the events as a timeline. This format was chosen to avoid the need for additional attachments, which are available.

During the period I received 4 Occupational Health consultations, each instigated by Zoe, See Appendix 1, items 1 – 22/02/23, 2 – 07/06/23, 3 – 30/08/23 & 4 – 05/12/23 each consultation diagnosed my condition caused through my work environment, that my condition had deteriorated progressively and several specifically designating mental health disability. These were ignored by both UNISON and the council.

Table 1:  Record of emails and events from Zoe and my notes either below or in right hand column
22nd February 2023	OH Assessment (see Appendix1, Item 1)
‘1-22 03 23 Zoe first contact informing David Amos left and Zoe is supervising my sickness HelloÂ’My first contact from the council in over a month absence (against council policy). Zoe tells me my line manager has left (sacked by Zoe). Zoe informs me that she is now my line manager. I reply stating her management of my sickness as inappropriate as she caused my sickness.
2-31 03 23 Zoe responds to my original grievance letter (included) where Zoe ignores the issue. All Zoe’s replies claiming to have supported me are false. I reply with examples and set out my grievance against her as outlined in my original stress at work assessment: Ivan Organisational-SRA DA v1’.  2a-13 04 23 Grievance to Zoe as she hides her victimisation as recommended by Perry Singh. Perry Singh, my friend and senior manager who assisted with the influential and damning TMI report (see chapter 1) advises that I reply setting the record straight, without pulling any punches. Perrys advice was that I should not make a formal grievance as it would complicate my return to work, but frankly explain her behaviour is unacceptable in a way that builds upon my original stress at work assessment ‘Ivan Organisational-SRA DA v1’. Such a confidential letter would remove all doubt concerning Zoe’s responsibility for my illness and clear the way for constructive resolution.  2b-20 04 23 Threatening letter response from S Davis 21 04 23 Ivan Coppins Letter v3. I received a threatening letter from Stuart Davis, Director. Start threatened that action can be taken against me for breach of the councilÂ’s respect policy. Stuart then used my difficulty in getting a sick certificate during the NHS crisis, threatend to disallow my sickness. In this way, Stuart misused the council rules and policies so to support his attack on me when vulnerable.  2c-21 04 23 My reply to Zoe and Stuart restating my grievance with them. I reply to Stuart outlining that in reading my letter of the 13th that confidentiality has been breached and remind him of those council’s policies designed to protect me. Further, that he and the council have a duty of care towards me. I again set out my grievance against Zoe, his senior manager.  2e-21 04 23 Passing to UNISON S Davis  21 04 23 Ivan Coppins Letter v3_pdf. I passed this on to Rowena Bent, the department local union representative. I did not get an offer of help.
3-04 05 23 Zoe arranges fortnightly catchups Ivan Coppins sickness contactZoe emails setting out her plans for regular contact. I again express my anxiety at dealing with Zoe, given that she is central to my illness and her willingness to misinterpret the situation to ignore her part in this and worsen my condition. I am especially concerned as the union has failed to help me or respond to my requests.
The following correlate to meetings (often Unison rep not present and substitute):
Meeting Date & Purpose	Notes on Meeting
10th May 2023 9.30 Phone meeting Catchup	4-12 05 24 Zoe not listening to OH report stating sickness caused by her Sickness – keeping in touch call. Zoe failed to ensure that I have adequate union support, given my mental illness. Zoe recommends a further OH assessment.
24th May 2023 9.30 Phone meeting Catchup	5-24 05 23 Zoe acknowledging anxiety Sickness – keeping in touch callZoe acknowledges my confusion and fatigue caused by my Long Covid medical condition. I am still without UNISON support
07th June 2023	OH Assessment (see Appenidx1, Item 2)
7th June 2023 9.30 MS Teams Sickness & Welfare	6-07 06 23 Zoe refers to employee assistance programme Sickness – keeping in touch call Zoe ignores my pleading to return to work with improved management of me as recommended by her OH assessment, e.g. not being set up to fail and give me my old job back and make it achievable. Zoe again recommends the employee assistance programme to me and will not listen when I tell her that they never return my calls and the OH suggested they assistance programme is not for those absent from work. I am still without UNISON support.
21st June 2023 9.30 Phone meeting Catchup	7-21 06 23 Zoe responding to OH instruction to discuss original report that she ignored Sickness – keeping in touch call During this meeting, Zoe again ignores the recommendation of the OH report of the 7th June and wishes to discuss my original stress at work assessment Ivan Organisational-SRA DA v1’. Zoe, noting the report highlights many aspects of her mismanagement suggests that I amend the report, since I was likely influenced by long covid brain fog. I explained that I do not feel well enough for a meeting (especially without union representation). 8-26 06 23 Zoe offers to discuss my original health assessment – but refused to discuss! Sickness – keeping in touch call However, at the meeting Zoe declines to discuss the report ‘Ivan Organisational-SRA DA v1’ as recommended by the OH assessor.
5th July 2023 9.30 MS Teams Sickness & Welfare	9-05 07 23 broken recording link and meaningless welfare link Sickness – keeping in touch call. At last UNISON support, my representative is Francis Harriot. While full details are explained in Chapter 4 ‘Union Involvement’, the limited assistance that Francis offered is summarised here: Francis can only attend virtual meetings only and cannot travel to face to face meetings because he works only nights. As a grade 3 he said he felt intimidated against Zoe, a grade 16. Francis often missed meetings and refused to appoint a substitute for non-attendance. The meetings are recorded, against my consent and I am continually denied access to them.10-10 07 23 Move to regular meetings Sickness – keeping in touch call Francis observed Zoe refusal to discuss OH recommendations, instead Zoe asks how I feel and ‘small talk’. Fracis described Zoe words as ‘clever fluff’ without substance.
20th July 2023 9.30 Phone meeting Catchup	11-20 07 23 summary Sickness – GP unreliable – keeping in touch call Zoe refusal to discuss OH recommendations, instead Zoe asks how I feel and ‘small talk’. 11a-20 07 23 reducing to half pay Sickness reduction July 2023 Refusal to discuss OH recommendations, instead Zoe repeats my pay reduction, suggesting that I may now want to return to work. Francis and I think Zoe means to starve me back to work.
2nd August 2023 9.30 Phone meeting Catchup	12-02 08 23 Zoe refusing to remedy broken links to recordings Sickness – keeping in touch call Zoe refused any meaningful talk of improving my work environment as recommended by all OH reports. Zoe did not listen to my please for planning for my return to work. Zoe continued to give dead links to the recorded meetings. Francis, my UNSON rep is now attending meetings less often, so I am without support.
16th August 2023 9.30 Phone meeting Sickness and Wellbeing	13-10 08 23 Zoe insincere offer of support Sickness – keeping in touch call Zoe informed me of Southwark Construction department reorganising with an emphasis on employee support. I ask how this will improve for me, given Zoes refusal to listen to her own OH advice which directs that she addresses her behaviour towards me. Instead, Zoe will ask me illogical and unsettling questions at most meetings, for example ‘what do I think my GP will say to me at my next visit!’ Zoe’s remarks were often rebuked by my unison rep when he attended.
30th August 2023	OH Assessment (see Appenidx1, Item 3)
7th September 2023 9.30 MS Teams Sickness & Welfare	14-16 09 23 Request to Unison asking for grievance_ I Coppins Sick Certificate and Doctors Notes to 23 02 24_pdf. The OH, the union rep and I have now reached an opinion that Zoe is needlessly prolonging my situation, possibly requesting so many OH assessments in the hope that one will be unfavourable against me. The OH practitioner assessed more than once that my mental state was now eligible for me to claim disability discrimination against Zoe and the council. However, without explanation, Francis advised against the disability discrimination route. 14a-18 09 23 I Coppins with doctors’ sick note & letter to cease meetings to 20 09 23_pdf. My GP was so alarmed at the callousness of ZoeÂ’s behaviour, in not following her own OH advice and asking nonsense questions that, without prompting, the GP wrote and signed a note that Zoe should not contact me. 14b-Sick Certificate and Doctors Instruction Zoe not to contact me 23 02 24
4th October 2023 9.30 MS Teams Sickness & Welfare	No meeting and no alternative manager to take forward my return to work. Zoe had misinterpreted the GPs instruction to mean that nobody from the council should contact me.
Meetings stopped – final emails below
16-06 11 23 Not followed up offer of alternative role Further OH Referral and follow upZoe makes no reference to the OH recommendations to improve her management of me. Zoe will not discuss a strategy for my return to work.
16a-06 11 23 Zoe Letter ignoring agreement for alternative role & GP no contact order Ivan Coppins Letter OH Referral Zoe ignored the OH and GPs advice and insisted that I meet her in person (rather than an alternative manager) in London. Francis refused to attend the meeting and tells me that he is resigning from union duties (see chapter 4).
5th December 2023	OH Assessment (see Appenidx1, Item 4)
17-22 01 24 Zoe insisting on meeting – Union refuses to attend review final abandoned by UNISON 22 01 24 Zoe ignored the OH assessment of the 5th December and arranged a London Meeting for 23th January 2024. However, Francis restated that he will not attend in person and only available for virtual on the 24th. As noted by the OH, I am too ill to travel, I have poor mobility due to psychotic medication and not able to drive or use public transport due to suicidal tendencies.
18-23 01 24 Zoe asks for alternative for Unison to attend London Sickness + wellbeing reviewZoe insisted upon a meeting with an alternative date. When asked, Francis does not answer or offer a substitute and the meeting is cancelled.
19-21 02 24 Access to I Coppins Welfare Teams Recordings continued deniedI again asked for access to the MS Teams welfare meetings (as they evidence Zoe’s conduct at meetings).
20-25 02 24 Ivan Coppins – Notice of RetirementFeeling desperate and abandoned by UNISON, I write my notice to retire having spoken to Pery Singh.
21-07 02 24 Zoe (being obstructive) giving the wrong leaving forms Completion of PF02 FormZoe sent me the incorrect retirement forms, knowing my confused condition.
22-12 02 24 Zoe writes to my work address knowing that I cannot access Completion of PF02 FormThroughout my sickness period, Zoe would communicate via my work email, having been told many times of my inability to access my work profile. This resulted in my missing meetings or documents.
23-26 02 24 Victimisation continued accusing of no hand back of Southwark council issueZoe gave incorrect hand back of equipment instructions, then accused me of keeping council property (better to explain this in person).

4. Lack of Meaningful Union Involvement

In this chapter I explain why I believe that my claim against UNISON is valid on various levels. For example, negligence, false representation even breach of contract for their failure to provide even the basic support service for which I paid in membership subscriptions. I welcome your legal opinion that may further strengthen my claim.

Attempts at local representation

4.1. 07 02 2023: My first contact with UNISON was when copying in Rowena, my local UNISON representative concerning my difficulty in making my David, my lane manager realise that Ulyana was deliberately frustrating my effort in the task he gave me of taking ownership on my role from Ulyana. I copied Rowena again that day when reporting concerns that Ulyana had breached GDPR and other processes. I did not receive any response from UNISON (see 2.5)

4.2. On 16^th February 2023, I met my UNISON representatives, Rowena Bent and Yasha Kang. They confirmed that UNISON is aware of much wrong doing at Southwark Construction. The during transition from Southwark Homes there was an attempt to summarily remove staff without consultation with either the union or the council, as required under the councilsÂ’ procedures. Further, Rowena informed that many temporary staff are being retained on contracts exceeding the councils’ own 12-month limit rule. They were also unhappy about ethnic and gender balance, where one project team of 12 approx. 90% were black and female and temporary having been kept over 12 months. The union assessed this temporary team served as a buffer, to be sacrificed should staff cuts be imposed. Rowena confirmed that I was being treated unfairly, as had our colleague with special needs who had recently been made to leave. Rowena added that a perceived poorly performing member was next on Zoe’s hit list and noted the high rate of stress sickness within our small team. Rowena offered to arrange help for me but this was never followed up.

4.3. By the end of February 2023, I suffered a mental breakdown during a meeting. I forwarded to Rowena the email Zoe sent in summary of that meeting. Indeed, my 3 further attempts to contact Rowena had gone unanswered. A colleague believed that it was difficult for a junior member of staff to ‘take issue’ against this senior manager. However, I while Rowena and April Ashley were regularly cc’d into correspondence, I was not offered any further UNISON advice (see 2.7).

4.4. I left a number of answerphone messages for April Ashley, the UNISON shop steward asking for help, but these were never returned. I felt very desperate at not receiving any UNISON assistance. I telephoned the UNISON London office, but was chastised for making direct contact. I was advised that I must only approach them when referred by April Ashley.

Attempts to get regional support as Ashley ignored me

4.5. I emailed the London Office later on the 15th February 2023 with an open plea, asking them how I should proceed (see ‘FAO Unison regional Officer – Urgent need of reginal assistance 15 05 23’). This was never answered directly.

Francis Harriott

4.6. However, on the 23rd July 2023 I received a call from Francis Harriot, a local UNISON representative working at the Queens Road, Peckham call centre offering to help. Francis selected to help as he saw my plea on the unions open communication, which had been thus far ignored and not directed by the central office or April Ashley. I sent Francis all my communication emails, with documentation to help him understand my case in an email ‘Ivan Coppins case history to Francis Harriot 23 05 23 (see Chapter 3, Sickness, table 15^th July 2023).’

Unfortunately, Francis was never effective for the following reasons:

a)       As a grade 3 worker Francis felt intimidated representing me against Zoe, a grade 14

b)      Francis was not able to understand issues relating to my grade 10 tasks.

c)       Francis had not read any of the 200 approx. emails and documents that I sent over the whole period. (see ‘09 11 23 email Francis not read and misunderstood whole case!’). He wrongly believed that I was protesting about the waste and potential fraud in the council.

d)      Working only nights made contact and meeting availability problematic, could only meet virtually indeed as later explained, his inability to attend a crucial Tooley Street meeting was pivotal in my selecting to resign.

e)       Francis failed to attend meetings or find a suitable replacement representative to deputise when he was unavailable.

f)        Francis’s failed to advise me effectively concerning how to proceed concerning my options e.g. in making a grievance, pursuing the disability route as identified by the councils occupational Health team or to champion my preferred return to work undermined my case against Southwark.

g)       Failed to escalate or refer to more experienced UNISON officer, knowing his unsuitability to represent me.

h)      Crucially, Francis decided that he would quit the union and refused to attend an arranged, personal meeting with HR and Zoe Davis at Tooley Street on 23 January 2024 (see ‘RE Sickness + wellbeing review final abandoned by UNISON 22 01 24’.

Francis resigns as my UNISON representative – search for continuity

4.7. My decision to resign was my reaction to the culmination of events at being ill advised and abandoned by my resigning union representative, increased aggression from Zoe who insisted that I travelled to London to attend, unrepresented in person. Both UNSION and the council were aware that I could not travel due to the side effects of medication to counter my suicidal condition. My last conversation with Francis was that I should resign from the council, which I did the day prior to the proposed Tooley Street meeting. My feeling of desperation and helplessness could not be put into words.

4.8. As April the shop steward had refused to help me, I sought direct representation from UNISON regional office, knowing that and reminding them of the urgency, because of the tribunal timeline deadlines. I telephoned UNISONs inner London regional office but was sharply instructed to contact April Ashley. This is because a member can only escalate via the shop steward.

4.9. In desperation, I telephoned the south east UNISON branch to seek advice on accessing the inner London branch. The official was disgusted at the way that I had been treated and informed me that time was running out for me to take my valid claim of constructive dismissal among a list of other claims against Southwark Council to ACAS.

4.10.         Following the advice of the South Eastern branch, I again left messages and emails with April Ashley; most of these were ignored. However, When April did respond, she was insincere for example; several emails and screen captures were shown to John Noblemunn, Inner London UNISON organiser that demonstrate Aprils insincere ‘token’ attempts to contact me. It is notable that those token gestures were in response to John’s repeated insistence that she contact me, for example: Would either telephone me for 3 rings and terminate the call, emailing that April will call me later, but never did. April’s phone was always switched off when I called her. I eventually received and email stating that constructive dismissal was notoriously difficult to prosecute.

4.11.         April lobbied John against me stating that I was not constructively dismissed, but resigned of my free will- also offering to explain further at a later private meeting. I believe April was prejudicing the Union against me. As a result of Aprils hostility, John Noblemunn, he was constantly not listening to me, raising his voice while accusing me of being aggressive each time that I phoned him. Indeed, I had to call John every time as he would not return my calls.

4.12.         John and April’s evasive and unhelpful behaviour caused me further anxiety and panic attacks because time was running out and I could see that they were delaying to deliberately time out my claim. In desperation I wrote to Chistine McAnea General Secretary several times. Without receiving a reply from Chritine, I was telephoned and told not to contact Christine, but go through regional office. They would not listen to my reasons for contacting Christine.

4.13.         On the 16^th May 2024 Unson head office instructed the regional office to make my complaint official (my guess was to go through the official motions, so to dismiss my case to appear as if process had been followed and assistance given- the significance was revealed upon reading the john Noblemunn solicitors’ email in response.

4.14.         However, delays and non-contact continued despite my many pleadings that time running out ignored, including an email 21 May 2024 to Christine McAnea explaining that ACAS time was running out and that the branch seems to be delaying to prejudice my case. The General Secretary ignored me (see ‘email UNISON Gen Sec 21 May 2024’. Their behaviour continued even in the knowledge that ACAS was cc’d into my pleadings. I believe at this point even C McAnea’s team had also decided to ‘play the system’ against me by allowing me access to the unions legal team so to be seen to ‘go through the motions. In this way the union can be seen to have provided me with a service while using it to undermine my case.

4.15.         The final letter from UNISONS legal team, as paraphrased by John Noblemunn, of the UNISON branch evidences that UNISON had colluded with Southwark Council to orchestrate my constructive dismissal. I have highlighted elements of this letter and comment below where I believe condemns the union as selling me short and handing me ‘on a plate’ to Southwark Council, see ‘Ivan Coppins response to UNISON Legal Advice 29.5.24 V2’.

Appendices

Appendix 1

5. Optima Health employers’ assessment reports:

1.       22/02/23- consultation on 22/06/23, report to David Amos, Line Manager

Outcome-

1.1     Symptoms of anxiety and stress began in November 2022

1.2      Mental health stress, low mood, sleep, appetite, concentration, excessive worry, struggling to relax and irritability

1.3      Triggered by work issues

1.4      GP medication and time off work has been recommended due to severity of condition

1.5     I Coppins has so far declined my advice to take recommended sickness absence

1.6     Unfit to return [or continue] to work in his current

1.7     Suggest that management meet with I Coppins to discuss work issues as these are the ongoing triggers

1.8       Not a disability as not continued over 12 months

2.       07/06/23 – consultation on 07/06/23, report to Zoe Davis, Senior Manager (Strategic Lead PMO)

Outcome-

2.1      Keen to return to work

2.2       Not medical, but a management issue, where unresolved management issues are a barrier to returning to work until resolved

2.3       Return to work is possible if issues resolved and I Coppins is fully supported

2.4       not a disability as condition is less than 12 months

3.       30/08/23 – consultation on 17/08/23 report to Zoe Davis, Senior Manager (Strategic Lead PMO)

Outcome-

3.1      Long covid reported

3.2      Not able to advise when able to return to work

3.3      Is disability due to significant impact on I Coppins ability to undertake normal daily tasks

4.       05/12/23 – consultation on 05/12/23 report to Zoe Davis, Senior Manager (Strategic Lead PMO)

Outcome-

4.1       Management meet I Coppins to discuss redeployment or resolution to work issues

4.2       Reduce catchup meetings to minimise stress and anxiety

4.3       Provide plenty of notice for future meetings

4.4       Not able to advise when able to return to work

4.5      Workplace resolution necessary for eventual return to work prevent future occurrence

Appendix 2

6. UNISON Final Decision Letter

For original letter see ‘Ivan Coppins response to UNISON Legal Advice 29.5.24 V2’

The letter is in two parts, part 1 declares the unions summary understanding of my case, part 2 is the unions advice:

Part 1 Summary understanding

o   You argue that your job role has not been the same since that time and that you have been belittled. This is true, I was tasked with taking back my former duties from the temporary worker who was appointed to allow my secondment release. The tasks and the role had changed significantly. Prior to secondment I designed the database and associated work practices becoming specialised within a small performance team of 3 officers within a ‘New Homes’ section of 18 staff. Upon my return, the department now renamed as ‘Southwark Construction’ and the whole management team had changed, staff numbers increased to 64 approx. and the performance team is now 7.

It became clear that management were sabotaging my attempts to claim back my role from the temporary worker. At meetings when asked to identify efficiencies, Zoe would shut me up by saying she didn’t want to hear my history lessons when I referenced an earlier work that was done on the matter.

o   You also argue that in February 2023 you were sent a threatening letter in relation to sick pay. This is true, I sent email to Zoe on the 13th April explaining that due to the NHS crisis that my sickness certificate would be delayed. In this email, I again set out my grievance concerning victimisation in confidence to Zoe in the hope of progress getting the facts on the table. However, on the 20th May, I received a threatening letter from the Director and head of HR that included a warning about disallowing my sickness if I am unable to provide a certificate by the directors’ deadline. I was also threatened that in explaining my grievance in confidence that I had beached the councils respect policy. My reply of the 21st begged them to respect confidentiality and the council’s own guidance concerning mental health sickness.

o   You have had 5 Occupational Health assessments due to your sick leave last year and your GP wrote a letter to the employer asking not to contact you. This was ignored by your employer. There are 4 Occupational Health reports, all state that my illness was severe and worsening and all state that my illness should be remedied by management revised treatment of me. Several indicate that I should be supported as disabled through ill health. My GP also asked Zoe not contact me as concerned about the impact of Zoes behaviour towards me at meetings, which often included my union rep.

o   ……the final meeting was arranged for 15 January 2024. You did not attend that meeting. You decided to retire with your last day of service being 23 February 2024. This is true, both Zoe, the Director and head of HR all ignored my medical reports, but insisted upon my boarding a train to London. They did this knowing that my union rep would not attend, indeed had resigned his union duties without ensuring that I had continued support. Feeling utterly distraught I followed my union rep’s final advice that I should resign as retired. This was never my wish and would not have made this decision if in sound mind or supported properly.

Part 2 Advice

o   claims of constructive dismissal, the employee claims that the employer has conducted itself in a manner calculated or likely to breach the term relating to mutual trust and confidence between employer and employee. I articulated this breach many times, both verbally at each meeting as above. I have pleading to be allowed back to work and via various and many emails, which can be produced. policies.

o   For a breach to be fundamental, it must undermine the contract to such an extent that the employee is entitled to treat that contract as at an end. This breach of contract goes beyond unreasonable as a deliberate attempt to remove me from the role that I loved. The employer has failed its obligations to me in many different ways, contrary to both employment law and the councils own.

o   Where an employee delayed too long before resigning, the Tribunal may find either you accepted the breach or that the breach did not cause you to resign. I have counted over 200 email exchanges with UNISON, who has been copied into every correspondence with my employer. Shockingly I discovered that he had not read any of the emails and failed to share them to regional office. Much time has been wasted and opportunities lost because the UNISON officers have either ignored me or attempted to brush me aside and my calls not returned. I have counted over 12 recent emails where I pleaded with the UNISON branch to progress my case as time is running out. This included copying both the UNISON General Secretary and ACAS in an attempt to shame them into helping me. Even my approaching ACAS for help was recommended by a member of the UNISON South Eastern Branch who had inadvertently read my email. This officer called me to help as she was horrified by my UNISON experience to date.

o   You are not seeking to claim disability discrimination but instead wish to claim constructive dismissal as you state that you were forced to resign after you came back from your secondment. I would have claimed disability discrimination had the union advised me in a proper and timely manner. I was reliant upon my trade union to advise me appropriately, having attended meetings and shared my correspondence including the Occupational Health Guidance, several of which referred to my being disabled with ill health.

o   You would need to show that you resigned without any delay which is not the case here. The solicitor does not believe a claim for constructive dismissal has reasonable prospects of success in an Employment Tribunal. I refer to my comments above. All delays and my resignation were caused by the unions failures to support me.

o   You are not claiming disability discrimination and it is unclear if you do have a disability as defined by the Equality Act 2010. False, the unions lack of support is the reason that I have not claimed under the Equalities Act 2010. The union has received sufficient documentation and representation to have sufficient facts, which they failed to act upon.

o   The solicitors’ concern, in any event, is that any claim would now likely be out of time. I believe the series of delaying tactics by the union in ignoring my many please for action were deliberate and in cooperation with the employer.

o   As stated earlier the solicitor does not believe your case has reasonable prospects of success. I also believe the solicitors ‘brief’ from the union was to identify reasons why they cannot represent me.