UPS & CIPD

Following on from my denial and loss post, I have an update from the CIPD.

You may appeal my decision that your complaint against Lisa Bradshaw cannot be validated by the 20^th September 2012.  At the moment there is insufficient information to establish that your complaint against her is admissible or within time.  Without further evidence of the misconduct you are alleging (including dates)  I cannot take your complaint against her further.

Roger Mays and Emma Toole have not resigned from the CIPD.  They have a non member record with us which means that they are on our database as having used our services but they are not CIPD Members.  I regret that it was a mistake by Ms Hackney in advising you that they were members of the CIPD and I apologise for this.

Regards

Marianne

It's starting to get tedious

Dear Marianne

Matters occurring within the previous 12 months of my initial contact regarding Lisa Bradshaw.

Contrary to UPS policy I was advised by Lisa not to report integrity issues.

I was asked by Lisa if I was doing the right job and working for the right Company if I was raising these integrity issues.

As my initial contact with UPS for my 3^rd grievance (January 2012), Lisa failed to ensure that the grievance was;

• Investigated in a timely fashion
• Investigated thoroughly
• Investigated with integrity
• Procedures were followed

As Lisa investigated my first grievance, (over 12 months ago) she would have known the accuracy of the information that was contained within it. It is my opinion that an orchestrated response was arranged in response to my first grievance, In which every Manager named, failed to recall any issues that I had raised. Lisa later said, within the 12 month period, that the managers had ‘chosen’ not to remember.

With regard to the 2^nd grievance that I raised (July 2011, within 12 months). Lisa has failed to investigate this grievance. There was no response at all, despite e-mails to chase up a response.

Re Roger Mays & Emma O’Toole, at what point did they cease to become members? & why?  (unless they are in membership when the complaint is raised and they resign). I have letters from yourselves stating that at the point of my initial enquiries they were members.

Will you advise me if they re-apply for membership? Although I’m guessing that once a year has passed you will not investigate either of these individuals, despite their incompetence and dishonesty. You can pass on my comments to Roger if you want, as he has not responded to any of my e-mails since he became my sole contact. As Roger Mays has stated that he conducted a thorough investigation, is a liar.

Regards

Mike

Yawwwwwwnnnnnn

Dear Mike,  I checked the Membership status of these individuals on receipt of the complaint form.  Roger Mays and Emma O Toole are on our database but they have a non member record so I regret that if you have been advised that they are in membership - this was incorrect.  Please accept my apologies.

We cannot investigate the conduct of non or former members (unless they are in membership when the complaint is raised and they resign – which is not the case here)  

I rang you at 11.30, 12 and 12.30 last Thursday 30^th and left messages for you each time – I wanted to speak to you in person to talk to you about your complaint and let you know which of the three people you complained about was a Member. (Why would she phone me at home, & phone call, no proof which is why I asked for e-mails)

Thank you for confirming that the Employment tribunal is not now going ahead.  What I now need from you in order to validate the complaint about Lisa Bradshaw is to know the date of the alleged misconduct. We do not usually consider complaints on matters that occurred more than 12 months ago (from the date you first got in touch with us).  This is to ensure accurate recall of facts and evidence by both complainant and member.  We do make exceptions to this however so if you could let me know then I can review ?

I was not aware that you had asked if Paul Mooney was a Member – we have a few Paul Mooneys on our system so I need a bit more information to confirm whether he is in Membership? Do you have his address or employer?  I did a check on UPS and we have no one of that name working for them in Membership?

I do appreciate this has been a difficult experience for you and assure you of the CIPD’s commitment to conduct its complaints and disciplinary procedures fairly and in a timely manner.

Regards

Marianne

Which followed;

Dear Marianne

The holiday was very pleasant thank you.

I can only see your e-mail as further delaying tactics. I’m guessing that you don’t want these (past) members to embarrass you with their lack of professional competence, should you subject them to a thorough investigation.

Re. Your first point. Roger Mays and Emma O’Toole have already been confirmed as your members. When did they resign?

I wish you to investigate these as former members. I’m sure that they will shortly re-apply for membership, once “I’ve gone away”.

Have they been advised to resign and re-apply later? It seems rather convenient that 2 of the main protagonists have suddenly stopped being members of your organisation.

I would like you to investigate Lisa Bradshaw as she is a current member. What documentation do you need me to resend?

What are your time constraints? And will this time factor be taken from my original complaints?

My Employment Tribunal claim has been rejected due to a time limit, so you are clear to investigate on that point (Letter dated 31^st August 2012)

You have my complaints already, all 3 have now been submitted twice, I can see no need to resubmit these again.

You have mentioned a past president about investigating complaints, who outside your Company regulates you? Who regulates the regulator?

We were supposed to have a telephone conversation at 11.30 on Thursday, why was the information only sent at 12.57? You had plenty of time to submit the e-mail, was that while Roger & Emma ‘resigned’?

As you can probably tell, I am exceeding disappointed and frustrated by your stonewalling tactics, either you are going to investigate or not.

I’m guessing that it will end up being……not.

If you need an official appeal to your decision, then I officially appeal.

I wish you to investigate your (ex) members and stop them defrauding the customers of UPS.

We are now almost 5 months on from my e-mail to Gary, Reference 316268-1333394592, and the CIPD has still failed to start an investigation.

I also asked if Paul Mooney was a member. This question has also not been answered.

I will again remind you of your code

To this end members:

[4.2.1] are required to exercise integrity, honesty, diligence and appropriate behaviour in all their business, professional and related personal activities.

[4.2.2] must act within the law and must not encourage, assist or act in collusion with employers, employees or others who may be engaged in unlawful conduct

Regards

Mike Whitehead

The mysterious disappearance of Roger & Emma, perhaps they've eloped 

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From: CodeOfConduct [mailto:CodeOfConduct@cipd.co.uk]
Sent: 30 August 2012 12:57
To: 'Mike Whitehead'
Subject: RE: CIPD Code of Professional Conduct
Sensitivity: Confidential

Dear Mr Whitehead.  I hope you had a pleasant holiday.

I have checked the Membership status of the three individuals you have complained about.  Emma O’Toole and Roger Mays are not in membership of the CIPD so I am unable to take your enquiry further with regard to these two individuals.

Lisa Bradshaw is a CIPD Member,  however I note that you are currently going through an Employment Tribunal process which started on the 17^th May 2012.  This means that if validated – although the member would be advised of your complaint, it would stay on hold while we awaited completion of these parallel proceedings (refer to 2.1 of our complaints procedures)

However I regret that I am currently unable to validate the complaint as insufficient information has been presented to establish whether it is admissible.   For example no dates have been included (apart from the date you submitted your grievance in December 2010) and therefore I cannot determine whether it is in time and there is also no supporting evidence with your complaint.

If you wish to resubmit your complaint with supporting documents following the conclusion of the tribunal please send it in to this email address.

You may however appeal now against my decision that the complaint cannot be currently validated.  Please let me know within 21 days (ie by the 20^th September 2012)  and I will refer it to the Immediate Past President of Membership and Professional Development who will make a decision about whether to refer the complaint on existing evidence and report back to you and myself.

Regards

Marianne Wyles

From: Mike Whitehead [mailto:mikewhitehead1@aol.com]
Sent: 24 August 2012 11:16
To: CodeOfConduct
Subject: RE: CIPD Code of Professional Conduct
Sensitivity: Confidential

Hi Marianne

I am currently on holiday in Spain.

If you could send me a list of questions that you want to ask, then I can have answers prepared for you.

It is difficult to spare a great deal of time on the phone during the week, especially next week having a Bank Holiday in it.

Thurs @ 11.30 should be OK, but I don’t yet know my actual plans for next week (Holiday or sickness cover)

Regds

Mike