Institutional Discrimination – Windrush

Employment Tribunal Case Summary 2nd March 2017

Constructive Unfair Dismissal Claim

 
14.1. Did the claimant resign as a result of a fundamental breach of her contract of employment?
 
In my summary I would like the Employment Tribunal Judge and the Panel to take the following submissions into considerations. In addition to the summary of my recollections of the evidence presented by the Claimant and the Respondent verbally. I am relying on the Bundles in particular the Claimant’s to back up my arguments. I would like to put forward my arguments showing me trying to resolve this matter that was none of my doing and for which I tried reasoning with the Respondent for us to settle amicably. My reason for trying to resolve the matter amicably was because of the 4+ years I spend in the Respondent’s employ where I gained the CEO Long Service Awards in October 2014.
The same time www.leyf.org.uk was given Nursery Chain of the Year Award by www.nurseryworld.co.ukDespite starting at Fitzrovia where I faced some difficulties before the end of the Probationary Period, I was made to feel welcome after I was vouched for by a former colleague who was one of the youngest managers at LEYF. I was transferred to Luton Street on the recommendations of Joelle Lax. She was one of the Panel at the Disciplinary Hearing. Therefore I am arguing that this backs up my claim that the Disciplinary/Appeal Hearing Outcomes were part of the plots I identified as a result of a fundamental breach of my contract of employment that caused me to resign.
I did everything in my power to keep my job despite the unfair treatment at BIB, HOC and New Cross from the 23rd July 2014 to 27th September 2015. But the Respondent was intent on dismissing me, ensuring they do everything to stop me from getting another job after leaving their employ. This has been the case as Barrister Jones rightly said during her questioning. The 4+ years I worked at Luton Street were the best years of my working life as I was given the opportunities to enhance my knowledge and extend my Continuing Personal Professional Developmental Plan (CPPDP). My CV can be verified at www.linkedin.com/mervelee-tomlinson. There is no mystery about my identity or status as a British Citizen in the UK. 
I gave back to the Respondent because by providing me with a job when I was experiencing some bleak periods in my life that triggered my disability of Chronic Anxiety into Mental Health Issues. I felt safe and secured in my job at Luton Street working to get my Pension at retirement. All my hard work, the accolades I received and my endorsements by other professionals, parents and colleagues which I valued. All were made valueless on my transfer to BIB because of what was done to trigger and exacerbate my Chronic Anxiety into Post Traumatic Stress Disorder – Mental Health Issues. Evidence of how this was done is detailed in the BUNDLES
14.2. The term of the contract relied upon by the claimant is the implied term of trust and confidence.
 
When I started at Fitzrovia there was a time before I completed the #ProbationaryPeriod when the Interim Manager Maria Goncalves tried provoking me into acting unprofessionally by making allegations against me. When I challenged her by writing a letter setting out how the unfair treatment was affecting me, the Area Manager Maria Freeman joined in to gang up against. Since Hilda Miller brought up the matter today, I am convinced that this was part of the plot to dismiss me from I transferred to BIB. There was the time when I suspected that Deputy Nicola who instigated the Banana Eating Incident was involved in breach of Contract Section 16. Confidentiality prying into my private life.
This would occur each time she attended Deputy Trainings at CO and comes back asking me personal questions about where I worked, who I worked with and if I was happy at BIB. I later learned that Hilda Miller had been going around spreading rumours about me before I transferred to BIB. This ties in with her statement about the information shared with her by Maria Goncalves about me writing derogatory letters about staff at Fitzrovia. Therefore who should be held accountable and responsible for destroying my name, character and reputation? Why did I spent 4+ years at Luton Street without any concerns raised as far as I am aware?
I tried applying all the interpersonal skills I learned via studies and trainings to try and resolve the matter with the Respondent. I even gave up my rights, waive my confidentiality to share my personal experiences in the Public Domain so I could support children and their families from going through the experiences of my traumas and my child’s transitional developments – Kevin Murray. The stories are in the ublic domain, the same way that there are reviews on LEYF Nurseries backing up my story of facing discrimination at BIB. After trying everything and they didn’t work, I lost trust and confidence in the Respondent.
There was evidence that the Respondent started a campaign to dismiss me from my job. But first they exacerbated my Mental Health Issues with the intention I would act unprofessionally so they could dismiss me for gross misconduct. That way I would not be able to get another job. I would miss out on my retirement Pension and the benefits I derived from working to make valuable contributions to my family and myself.
I informed Dilys Epton that work keeps me going because of my father’s illness which caused me to grow up in poverty and develop TRAUMAS from puberty. Dilys Epton chose to show her biases by saying that’s not what they say about you.
I have to compare myself to my pet dog that died and was buried and told her that if I was an animal at BIB, the RSPCA would have rescued me. All this started from the first day at BIB, continued at HOC and New Cross from where I resigned, with a Nervous Breakdown. This is backed up by the Court Management Order Medical Reports. Inclusive of the counselling at the Maudsley Hospital, www.slam-iapt.nhs.uk/southwark. 
By the time of my resignation, I had become PARONOID, I was constantly provoked and I was scared I might eventually commit a Criminal Act that would cause me to end up in prison where I would die like my brother.
I was left with no other alternative but to resign to save mine and my husband from certain death because of our disabilities. I could no longer identify the person the Respondent’s ill treatment cause me to become. When I had no one to turn to I played out some of the TRAUMAS on https://facebook.com/public/Mervelee-Myers, where I was not judged at the time. I wanted the world to see what the Respondent had done to me, since they still wanted to treat me like a criminal. Counselling helped me dealing with what the Respondent did to trigger my Mental Health Issues. I doubt very much I will every trust and have confidence in anyone, especially an employer to treat me the way I was treated by the Respondent as it happened before at King’s College Hospital.
I have started my Fight4justice campaign that I intend to develop into ADVOCACY.
I had to arrange my own counselling, but counselling was offered to LynneKelly because she claimed they talked about African Margaret at Rumi’s wedding and she abused 3 children. This however did not happen when LEYF operates BIB. But she was given preferential treatement. Eventually they did find a way from stopping me getting a job with the Reference flagging SAFEGUARDING.
14.3.1. The breaches relied upon by the claimant are:
 
October 2014 – Banana Eating Incident: I have come to the conclusions that the Banana Eating Incident was staged by Nicola under instructions from Leadership & Management to provoke me into acting unprofessionally to get me dismissed. My arguments are based on Hilda Miller’s Evidence. This is based on the arguments puts forward about the incident at Fitzrovia before I passed the Probationary Period in 2009.
Because of Chronic Anxiety and Diabetes I have to be able to eat so I don’t get the signs and symptoms linked to the disabilities that can impact on my life.
Going HYPO: I have never been in a HYPO, but I have dealt with my husband and I know the consequences of having a hypo. By eating the banana and it was concealed so the child did not see me, I was saving the children from becoming #TRAUMATISED if I went into a HYPO. The Respondent is not aware of the implications that’s why they keep saying I was not on medication. I am responsible for taking care of myself and I share my Safeguarding Duty of Protecting the children I work with as Paramount.
The Respondent is relying on the stringent contingent Policies, Criterion and Practice to keep me to the outdated Contract that is putting me in a compromising position. When Nicola left me in the room to go to Lynne Kelly in the office, anything could have happened. The Respondent failed to adhere to the Equality Act, 2010, by not updating the contract I signed on the 7/10/2009.
14.3.2. Lunch Break – October 2014 to September 2015: The Contract Section 6. Hour of Work:
 
Is in breach of the Equality Act 2010. The Contract has not been reviewed and updated from I signed in 2009. I am affected by my disabilities in the ways in which I can carry out normal day to day activities. The Medical Reports by Court Management Order supported my arguement. And Dr Laura Crawford Occupational Health Report does the same.
 
14.3.3. OH Medical – Reasonable Adjustments (Stress Incontinence):
It is very demoralising wetting myself and losing my DIGNITY. Working with young children all my life, I know how they react when they are toilet training. Spending time with my MOTHER who had dementia showed me how I have to be compassionate to the elderly. Despite having dementia mum tried at all times to keep her dignity. It was demoralising for me and made the disabilities of Chronic Anxiety even worse, making it harder for me to do my job. I started become PARONOID about what could happen to me if I am caught short when I have to travel on Public Transport to get to work. The Judge allowed Barrister Jones to redicule me about my disabilities throughout the ET. However the ET was adjourned on her manufactured contagious disease. Because she admitted to the Employment Tribunal, http://www.justice.gov.uk/tribunals/employment/claims/responding, she did not prepare a case.
14.3.4. Working in Under 2 Room:
I have always been flexible during work and is willing to fulfil my Job Title/Description re the Contract Sections: 1-33. However I took the job on condition I would not work permanently with younger children because of health conditions. I was always conscious about the Health & Safety at Work Act 1974 re: Safeguarding. I did not wish to put the safety of the children and myself into any compromising situations.
I am convinced that I was been set up to challenge managers/deputies so they can have evidence I breach the Contract. This goes back to what Area Manager Maria Freeman told me in 2009 at Fitzrovia. Since Hilda Miller brought the matter up, I have to conclude that this is a grudge that they have against me.
If you look at the statuses of the 7 Witnesses, it is evident that the Respondent operates hierarchical cronyism based on friends in high places. After I served my purpose, the Respondent was ready to dismiss me making sure I couldn’t get another job. Mrs Jones keep referring to that fact throughout. Mr John Fenton of www.personnelconsultancy.com, make sure he was out of the UK for the duration of the ET case on its resumption. The question is why this was? I informed the ET about the Respondent’s non-compliance from the first time I appeared at the Preliminary Hearing on the 15/3/2016. The same time my Racism claims was sent back by Judge Baron for reconsideration.
14.3.5. Working at HOC – Longer Journey to Work:
 
I wasn’t concerned about not been reimbursed, but the fact that I might wet myself if I get the urge to go the toilet because of Stress Incontinences.
14.3.6. Rumi’s wedding:
 
This was where the plot that I believed was planned with sanction from CO Leadership & Management started to take shape. Why would I be saying derogatory things about Luton Street? Refer to Publication LEYF On My Doorstep on LinkedInWhat the Respondent done to me destroyed my fragile Mental Health Issues into DEPRESSION – refer to email to Dilys Epton 14.03.2015. I am unable to trust anyone ever again. I hate to keep looking over my shoulders.
In order to not act unprofessionally, or become physical I shared my frustration on Facebook. I warned the Respondent about my intentions in writing. They did not take any actions after I wrote an Open Letter to the solicitors Bates Wells Braithwaite with attachments. The solicitors did not contact me again and did not represent the Responden, as far as I was aware. But after the judgement was posted online they got back in touch. They get Facebook and Twitter Legal Team to contact me, and I have responded and waiting for the next moves.
14.3.7. Complaints/Investigation-Disciplinary:
This was used to try get me dismissed. When this did not work, I was transferred to HOC where allegations were made. But the Respondent breached the Contract putting me in the Baby Room and offering me a job working in the Baby Room where there was a vacancy. The reviews on LEYF website from March 2016 prove my stories of discrimination. The letters I wrote about my emotional wellbeing after coming back from my mother’s funeral should be taken into consideration. Also the verbal and written statements of the witnesses. As well as Jyoti Sharma aka Jyoti Bhardwaj as nmaed in the bundles review on LEYF website in March 2016. The ET allowed LEYF to get away with perverting the course of justice. By not accepting my additional Witness Statement as exceptional circumstances. Rashid Iqbal had resigned but continued coming to the ET, telling lies.  
14.3.8. DBS Renewal:
 
This was a deliberate attempt to get me dismissed saying I breach Contract Section 30. Change of Circumstances. Barrister Jones keep referring to the fact that my name is MERVELEE TOMLINSON for a reason. The Respondent want to say I did not inform them about this. The Respondent changed my address on correspondences from I received the Invitation to the Disciplinary. The Respondent refused me access to my FILE. My email was used to make online DBS application that was withdrawn. I did not do that. Lynne Kelly once tried tricking me into getting my email to break into my Social Media. The Respondent is capable of doing anything. There are FAKE NEWs on Social Media and I don’t put it pass the Respondent to discredit me further.
New member of staff on Probation was treated differently even though she did not have a DBS. I have a DBS from another organisation, Resources for Autism. It was not appropriate practice for the Respondent to ask me to bring that DBS to copy.
I had to get a new DBS when I started volunteering despite having one for the Respondent. Why did Hilda Miller advise #DeputyLouise to ask me to bring the DBS in, but wait until I was alone with her in the building? This is another clear case of how they were trying to provoke me to act unprofessionally to dismiss me before the Final Written Warning expired on the 8th October 2015.
14.3.9. Hilda Miller – Using my Vulnerability to get me to act unprofessionally:
 
Hilda Miller has been doing this from the first time we met in BIB, until the last meeting on the 10.09.2015. Why has Hilda Miller and others from Leadership and Management resigned? I made no secret about my struggles with my hidden disabilities, childhood traumas and progressional health conditions with the aging processes. My life is an Open Book by choice.  
 
14.3.10. Meeting with Neil King & Dilys Epton:
 
I was called to the meeting after attending Middlesex University on the 19th September 2015. I met 2 Professor Chris Pascal and Tony Bertram. After networking and telling the Professors about my intentions to go back to Jamaica to make contributions to SEND.
The Professors asked to be included in my photographs as they work in Africa & the West Indies (Refer to LinkedIn post). Professor Tony Bertram has been promoted to British Association of Early Childhood Education (BAECE) or Early Education.
How come I can act professionally around total strangers, yet the Respondent destroyed my career and stopped me from working with the disciplinary and Suspension? Refer to Neil King & Neil Heart note re EMT at Luton Street in March 2014. Since when did my behaviours changed to warrant Mr Neil King treating me the way he did? Is that why Mr Neil King resigned his post at the Respondent?
 
14.4. Conduct relied upon:
 
Despite asking Dilys Epton when she visited BIB on the 30.01.2015 for support because the ill treatment triggered and exacerbated my Chronic Anxiety into Mental Health Issues. None was forthcoming. The Voice: www.voicetheunion.org.uk for education professionals Rep Darren Mahon have to mention this at the Disciplinary Hearing – (refer to email 14.3.2015 & Disciplinary Hearing Outcome).
14.5. Resignation:
 
Refer to my Resignation, I just could not cope any more. The Medical & Psychological Reports are evidence of that.
 
14.6. Affirm the Breach:
The Bundles should contain the evidence about this. So why did the ET decide to take 5 months to copy the Respondent’s Summary and post the reserve judgement online? This is in breach of the Human Rights Act and Data Protection Act 1998. Read it at https://www.gov.uk/employment-tribunal-decisions/ms-m-myers-v-london-early-years-foundation-2300047-2016 and read the comparison http://www.acas.org.uk/researchpapers to see how my Windrush Generation stories started from 2004.  
 
14.7. Reason for Dismissal:
 
Exacerbating and triggering of my Chronic Anxiety into Mental Health Issues to say I am unfit for work. They tried saying I breach the Contract Section 1-33. Sent me on Medical Suspension. Provoked me to act unprofessionally so they could dismiss me for gross misconduct.
Then another suspension on the 22.09.2015 after I was harassed and bullied by Mr Neil King to try and get me to write a RESIGNATION.
They left the room on 2 occasions saying they giving me time to think after putting a pen in my presence and claiming it was mine when the Meeting ended.
Dilys Epton acted like she was scared around Neil King and Hilda Miller whenever I am in their presence.

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