Tempest v Rural Payments Agency Tribunal Thread (follow on from Chair of SEEN is being sued)

[myladydisdainisyetliving]

Previous thread: https://www.mumsnet.com/talk/womens_rights/5031904-the-chair-of-seen-is-being-sued
TT substack: https://tribunaltweets.substack.com/p/tempest-vs-defra-and-rural-payments

Tempest (a TW) is claiming discrimination, harassment and/or victimisation on grounds of gender reassignment. Central to the claim is the Sex Equality and Equity Network in the Civil Service (SEEN or IP). SEEN has been granted right to intervene. Parts of the original claim against the co-chair of SEEN (Elspeth Duemmer-Wrigley) and another party (Andreas Mueller) were struck out or narrowed. Another claimant, PQ, is no longer part of the case.

The hearing is in Leeds; the number of online observers has been limited by the court due to "capacity" and posters are reporting that requests for links are being declined on those grounds.

Also to note that Elspeth still has a garden in need of seeds and water to support the ability of SEEN to be an intervenor in this case.

From TT:

AL: p1096 You are signed off by your GP for 31/7-/31/8, you in fact end up signed off until the following January. Then p2116 - letter 15/1/24 from Tracy Woodman - counselling services to you?
ST: Yes

AL: Says you are improved, better concentration, going out, you are ready to return to work.
ST: Yes

AL: Your WS says you had 6 counselling session, this letter says 4, which is it?
ST: 6 - that letter was written after 4

AL: No diagnosis of depression from a medical professional?
ST: Not that this time, but I had been prescribed for depression
AL: When was that?
ST: November 24 I think

AL: p1100. Two columns - date and comments. Comment from you 31/7 saying "R OK" - you see? That was first day of your sickness absence
ST: Yes

AL: You say, re DEFRA SEEN, you don't think you can go on with things any more. You going off sick was reaction to DEFRA SEEN?
ST: No that was the capstone - years of issues with DEFRA not listening -

Oh he's digging himself a hole here.

AL: You suggest that you were withdrawing from Yammer, but p1056 indicates the opposite, basket of evidence?
ST: for grievances

That's quite the admission.

What's coming across very clearly to me is that ST apparently has no idea that any of his expectations or demands are unreasonable in any way. It's not just me, is it?

‘ST: I was off work bcs of DEFRA inability to keep harmful content away.’

Was he on full pay? I saw he was on sick leave at end of July and still on sick leave in November. Tried to scroll back to find it, but I thought I saw six months somewhere. This can’t possibly be a reason to get sick leave, never mind if it was anywhere near six months. I might be wrong on the length though.

Also, not too hard to get from AO to EO. I would like a reasonable enough manager at HEO level. Also, that is where bottlenecks happen. There is less opportunity to advance further up as there are fewer positions. Also, more competitive. It might possibly not have been hard to bear for those reporting to him that he was off.

There is a bit of Frank Spencer about the warbling on. Not the innocent victim though. More wanting to persecute and put the kibosh on anyone who didn’t fall into line.

He's living on World Me.

He refers in the WS somewhere to being put on to half pay after a period, and to needing to go back to work for financial reasons.

He also mentions at least twice that he paid for 6 CBT sessions himself @£60 per session, and then talks elsewhere about the financial strain of paying for his own therapy.

ETA: this is all in paragraphs 83 onwards of the WS. I'm getting quite familiar with it now...

I'd like to see ST evidence a lot of the CS behaviours including Working Together "actively seek and consider input of people from diverse backgrounds and perspectives."

www.gov.uk/government/publications/success-profiles/success-profiles-civil-service-behaviours#higher-executive-officer-heo-and-senior-executive-officer-seo-grades-or-equivalent

At the very start of his evidence he said he was told that he would be moving to half pay but that never happened so I think he was on full pay for the whole of his sick leave

He was off sick on full pay but returned to work after five months otherwise he would have dropped to half pay.

The maximum they will receive is 5 months full pay and 5 months half pay, up to a maximum of 10 months sick pay in a four year rolling period.

https://assets.publishing.service.gov.uk/media/63eb7f5fd3bf7f62e5f76b67/FOI2022_26662_Annex_L_-_Sick_pay_policy.pdf

‘ST: I was off work bcs of DEFRA inability to keep harmful content away.’

And yet later actively seeking harmful content to fill his basket of grievances

Must be very difficult to fill a basket with stuff that is doing you actual harm, but one soldiers on

I really don't see how this bloke is even employable even in a quite junior role.

Not whining. Deep, rather rough, voice (though breathy/held back). Comes over more as defiant and stubborn - unmoving, with all hooves dug in.

From TT:

AL: p1292 email from Simon Prince -your line manager?
ST: Yes
AL: 12/12 while you are on sickness absence. Referral is in train and sets out text for referral for you to review.
ST: Yes

AL: SP says, up until now ST has been of view that not technically ill, it's the stressors re grievance etc that are keeping you off work. This is a protest by you, being off work

ST: Disagree, I didn't want to be off, felt I was capable of doing job but not with meeting harassing toxic work environment, couldn't work in fear, knew it would make me ill again bcs something would happen, that's what that doc is referring to.

AL: This mentions return to office, but you already had a WFH adjustment in place, yes?
ST: Yes

AL: p1278 - email from Lorraine Adair 24/11 - says it's not about return to office, it's about supporting you to WFH. No suggestion of return to office?
ST: No

AL: p1282 email from line manager 1/12, we see exploration with you of wider adjustments eg possible managed move to another department. You had not asked for this?
ST: Was told it was not possible.
AL: Q was, did you ask?
ST: Yes, but told not possible.

He made a correction to his witness statement

HH What was the correction?
C I was threatened with half pay but never ended up with half pay

ST joined RPA in 2017 so likely to be on newer T & Cs so in 2023 likely to be capped at 5 months full pay 5 months 1/2 pay. Quite often the point employees go on 1/2 pay is a reality check and can see them return to work at that point.

As long as employees have a fit note they get paid OSP as per T & Cs.

I agree about promotions AO to EO can be relatively quick, slightly longer to HEO then the hierarchical structure really impacts with fewer SEO & above roles.

Exactly. He really is doing trans people no favours here. He comes across as absolutely batshit.

Any other CS dept in Newcastle would also have SEEN so moving would achieve nothing but a whole new string of grievances and time lost.

If this guy looks about 50 and he's been employed in this place for 9 years, starting on a pretty low level - what was he doing before? He's had comments once (that he admits to) about work not being at the right level and 5 months off sick because he's so fragile but he still thinks he should be promoted? Is there no end to his delusions.

ST: Was told it was not possible.
AL: Q was, did you ask?
ST: Yes, but told not possible.

Translation - everyone we asked said 'are you out of your effing mind'

Back in my days in the CS, it used to be 6 months on full pay, then 6 months on half pay...
Things might have changed now, though.

Thanks, so rather like a three year old without the whining! 😆

ed sp.

From TT:

AL: p1304 result of Occ Health report early January. Next page, assessment is you are medically fit for back to work with adjustments?
ST: Yes - subject to para above, adaptations
AL: Indeed. Says "operationally feasible"
ST: Yes

AL: Adjustments being IT support so no gender post, lighter duties, phased return. You agree these were implemented except for some probs with IT function?
ST: Yes

J: There were 4 adjustment recommendations - last 3 were accommodated?
ST: Yes
J: What heppened re IT?
AL: Am just coming to that

AL: p1838 email from Lorraine A 10/1 - discussing the report recommendations - she is asking the recipient whether IT requirement can be met. Then next page, reply says "disappointing news" that it's not really possible

AL: p1850 email by Mr Prince 18/1 that he has more positive news, has a list of all the groups you are a member of and that he can remove you from all of them bar one. So, employer took steps to find a solution when original recommendation cd not happen?

There was a major overhaul of T & Cs in about 2013/14/15 and for new recruits sick pay started Y1 1 month full pay 1 month 1/2 pay capped at 5 months full 5 months 1/2.

Ah, thanks, I retired in 2012!