Defamation, EAT & Facebook Memories

Trying to come to terms with the Hate Crime by LEYF, the EAT and Facebook

Mervelee Myers, 16 Alma Grove, Bermondsey,   London SE1 5PY.

Employment Appeal Tribunal, Second Floor, Fleetbank House, 2-6 Salisbury Square, London EC4Y 8AE. The ET presided over two (2) miscarriages of justice against Mervelee Myers. According to Southwark Safeguarding Adults Partnership www.southwark.gov.uk/community-safety/prevent-it-report-it, this is a hate crime.

24th October 2018

FAO: Judge Shanks & 2 Member Panel

Copy to: Barrister Sally Robertson – CLOISTERS

 Reference: UKEAT/0101/18/LA

Mrs Mervelee Myers v London Early Years Foundation (LEYF)

 Summary of the EAT 19th October 2018

This is the summary of appellant Ms Mervelee Myers of the EAT, concluded at the Employment Appeal Tribunal on the 19th October 2018 in the presence of Judge Shanks and the Panel of a white woman and a black man. All arguments in this summary are the critical thinking, analysis, views and thoughts of Mrs Mervelee Ionie Nembhard-Myers-Tomlinson and no other.

The appellant, accompanied by her husband Arnold Tomlinson, was ably represented by Barrister Sally Robertson. The respondent’s Representative, Barrister Samantha Jones was accompanied by Senior HR Dilys Epton and BIB manager Lynne Kelly. Both of whom were witnesses at Employment Tribunals, Montague Court, 101 London Road, West Croydon, Surrey CRO 2RF.

Outline of Hearing

Barrister Sally Robertson was first to present arguments to the EAT.

Evaluation of Barrister Sally Robertson’s Arguments

Without prejudice I am of the opinion that judge Shanks was unduly acting aggressive in his approach of questioning to Barrister Robertson. This resulted in me having flashbacks to the time from the banana eating incident in the way I was treated by the Respondent. My witness statement contain the information about the discrimination from the23rd July 2014 after coming back from burying my mother and transferring to BIB from Luton Street. To my knowledge, I became aware of the discrimination at BIB after attending Rumi’s wedding. After arriving at work on the 5th January 2015 to when I was forced to resign with a nervous breakdown on the 27th September 2015.

Challenging the EAT & Hate Crime

I will now challenge the EAT that by coming to the decision and rekindling the reserve judgement, the EAT acted perverse in making me a victim of hate crime. Southwark Safeguarding Adults Partnership www.southwark.gov.uk/community-safety/prevent-it-report-it Hate Crime is what I am basing my arguments from.

Definition: Hate Crime is when someone gets harassed or attacked because of who they are. Hate crime is against someone or a group because…

  1. They have a disability – 3 Medical Reports & Dr Laura Crawford OH Report – refer to bundles.
  2. Because of their race – Racism claims rejected by Judge Martin – refer to witnesses’ statements.
  3. Because of their religious beliefs – Allegations, Investigations, Disciplinary/Appeal Outcomes – refer to bundles.

The Equality Act 2010 & LEYF Contract 7th October 2009

I consider myself to fall in the 3 categories as a result of the discrimination I faced at LEYF from the 23rd July 2014 to attendance at the ET and EAT.

Example of hate crime from LEYF

  1. Threats to me and my husband – we have disabilities. I am/was his carer.

The hate crime left me feeling

  1. Afraid to go places –
  2. A loss of trust in people –
  3. Angry –
  4. Alone –
  5. That I am a mad person –
  6. Unhappy –
  7. Upset – .

Hate crime is always wrong.

Judge Shanks continue     

I felt that his way of looking at his watch and across at the clock is/was a ploy to rush the barrister. If you look through my witness statement and the bundles, you will find out that those ploys were used to defame my name. For example how much time I spend in the toilet. How much time I take to do activities. Yet I have a CEO Long Service Awards and work with the organisations longer than majority of the 7 witnesses. And the staff at BIB, HOC and New Cross. The witnesses’ statements by the Respondent stated I told them about my disabilities.

However Judge Shanks did not use that approach with Barrister Samantha Jones. Instead seems to be cluing her in how to put her arguments across. I will say that this happened to me at the ET when Judge Freer keep hurrying me along. Also it seems as if he could not understand me. I informed him that the Medical Reports were left out of the Respondent’s bundle, but he only get it when Ms Fennell explained for him. Then he told me he would not be accepting any more documents. This is perverse, considering I copy the ET into the correspondences about non-compliance by Mr John Fenton.

Judge Shanks approach was to counter attack Barrister Sally Roberts arguments from the ET judgement. Leaving me with the impression that the EAT appeal was not even considered. But more perversely, giving Barrister Jones grounds to put her arguments forward.

The Panel

The only person who I think serve any purpose on the panel is/was the white lady. She asked questions of Barrister Robertson and Jones. I still don’t know why the black man was on the panel. I will summarise by saying he was there as a means of tokenism. This was a clear case of tokenism on the part of the EAT, because Judge Martin strike out my Racism claims repeatedly after Judge Baron sent it back for review. The breaching of the Equality Act 2010 protected characteristics can be identified in the bundles and witnesses statements. There were seven (7) witnesses, none of whom look like me – Racism discrimination. None was in my age group – Ageism discrimination. They all mistreated, harass, bully and intimidated me – Disabilities discrimination. They mocked me for my old fashioned values and beliefs and the way I chose to live my life – Beliefs discrimination.

Evaluation of Barrister Samantha Jones Arguments

Like at the ET, she was given free reign to defame my name. Without prejudice, Judge Shanks seems to have been leading her on with the questions he asked.

Matter of Chronology

Throughout, the Respondent was entitled to make mistakes, I am/was not allowed to.

Examples:

  1. Not renewing my DBS, but expecting me to bring my valid DBS from Resources for Autism for them to copy. At the time when I was taken off duty, I have a valid DBS for another organisation. Therefore the Respondent breach the contract I signed on the 7th October 2009. (Refer to bundles Dr Laura Crawford OH re effects of disciplinary and interactions with colleagues).
  2. Not signing me out of the rota for my diabetic eye check on the 10th September 2015. If I am/was not diabetic, why am I doing NHS Health Checks? (Refer to Medical Reports: Dentist & GP).
  3. I informed the ET from the time I meet Mr John Fenton on the 15th March 2016 about the Respondent non-compliance. Both in the cases of Judge Baron and Judge Elliott. (Refer to bundles)
  4. For Samantha Jones to say that not complying with Judge Elliott’s Case Management Order of 8th June 2016 is her mistake, she is lying. (Refer to correspondences with John Fenton).
  5. She did not prepare the case. That’s why she pulled a sickie and get the case adjourned.

Matter of Adjournment

This was a ploy by Samantha Jones, perverting the course of justice. She did not prepare the ET case. John Fenton did, misleading me that he was representing Bates Wells Braithwaite, www.bwbllp.com. (Refer to correspondences and Open Letter to BWB Martin Bunch).

Disabilities – Parkinson’s disease

Like at the ET when Samantha Jones used my Passive Aggressive Behaviours played out on Facebook https://www.facebook.com/public/Mervelee-Myers. So I don’t end up like my brother who was provoked into committing a criminal act and died in prison aged 37 years old. She spent her time repeating the PAB to make up time.

Breach of Contract

  1. The Respondent is responsible for triggering my childhood traumas into PTSD using my vulnerability of having physical and mental disabilities against me. (Refer to FILE contents in bundles 2009 to & Medical Reports x 3).
  2. She keeps mocking me about needing to go urinate and the judge did not stop her. (Refer to Medical Reports x 4 in bundles).
  3. She keeps saying that I know if I was dismissed I could not get another job. (Refer to Dr Maria Hudson Research Report & Dilys Epton reference).
  4. Let the EAT explain the fact of the law to me about how I got a CEO Long Service Awards on the 15th October 2014 and after that I turn into this monster who Benedicte Siewe claimed she is/was scared of? Few weeks ago she wrote on https://www.linkedin.com that I am crazy.
  5. Yet the ET did not bother to take any of my publications, some used on websites supporting others into considerations. Refer to Dr Maria Hudson Research Paper recommended to www.acas.org.uk/researchpapers.

The EAT:

This time Judge Shanks let her spend time repeating I said I have diagnosis for Parkinson’s. Even the lady on the panel must have believed her lies. Barrister Robertson thought the lady on the panel understand the interactions between my disabilities.

Medical Reports ET & EAT

For Samantha Jones to tell the EAT that I didn’t provide Medical Reports is perverse, a lie and a miscarriage of justice. I have the correspondences to John Fenton, copied to the ET.

  1. That’s the reasons I had to do the Respondent’s job in Judge Elliott’s Case Management Order of 8/6/2016. 0therwise I could not have written my witness statement.
  2. That’s why Samantha Jones did not want the ET to use my bundle.
  3. During the case I informed Judge Freer about the omission of the Medical Reports. Judge Freer was brushing me aside until Ms Fennell intervene on my behalf.
  4. He said he was not prepared to take any more documents. He basically treated me like a nuisance, especially when I asked to go use the toilet. It is evident that the ET thought I was making it up that I needed to use the toilet. (Refer to the Medical Reports).
  5. Yet in the reserve judgement, it was stated that no other Medical Reports were presented excepting Dr Laura Crawford. That’s perversion by the ET.

EAT: Forgone Conclusion

I was advised to write to the EAT informing them about my disabilities (Refer to EAT listings). Judge Shanks allowed Samantha Jones to slander my name that Judge Freer ask me to go home to look for Medical Records. Now the Respondent claims not to have any data for me except what I give them in the bundles. Now how did I get them to give them back in the bundles? What does the Equality Act 2010 say about this? Why did the ET not act about my concerns re non-compliance of Judge Elliott’s Case Management Order of 8/6/2018?

Overall Summary

Without prejudice nothing change at the EAT that was any different from the ET, excepting Judge Shanks putting words into Samantha Jones’ mouth. Go back to Dr Maria Hudson Research Paper. I am positive without a shadow of a doubt that this is a cover up to protect the perversity of the London South Employment Tribunal. This is the second miscarriages of justice they are presiding over against Mervelee Myers. (Refer to Dr I Ferreria Chronic Anxiety diagnosis). The EAT can’t afford to accept that a black woman with disabilities that she managed and controlled from childhood, can stand up to the Modern Slavery masters and mistresses who were given free rein to destroy the lives of vulnerable employees. (Refer to www.leyf.org.uk reviews on websites Joyti Sharma aka Bhardwaj in bundles).

So Mervelee Myers must be penalised for not allowing myself to become a voiceless vulnerable. Who sold out my principles for the Fifty Eight Thousand (£58,000.00) on offer during the Telephone Conciliation. Over which the ET tried to stitch me up like was done when Judge Martin rejected my Racism claims. (Refer to correspondences with ET).

When the DWP claimed they did not know me, and I have to spend time sorting out my welfare so as not to fall prey to the uncaring systems and the establishments trying to make me a victim. This triggered my disabilities (refer to correspondences with DWP).

When it takes the DWP nearly 2 years to sort my Housing Benefits that exacerbated my disabilities (refer to DWP & Southwark Council correspondences).

When the DWP refused to pay my ET fee that could have caused me not to get my case heard. But what difference did it make? The ET acted perversely, making me a victim (refer to HMCTS & DWP correspondences).

When the DWP hounded me during the time I was preparing my EAT and threatening me with criminal record.

When HMRC claim they were not aware of me living at my address until 2015, where was I? This resulted from LEYF tampering with my data from I was sent invitation to disciplinary on the 28th March 2015 (refer to correspondences with data changed, www.voicetheunion.org.uk ).

Defensive Practice & Intellectual Properties & Continuing Personal Professional Development Plan (CPPDP):

This will be used showing how the ET and EAT acted perversely in taking away my rights and entitlements. By so doing making me a victim when they put the reserve judgement online.

Scammed as a result of the ET Reserve Judgement online

Barrister Ryan Clement & Winsome Duncan

Because I was unable to get a job, as Samantha Jones boasted at the ET, I signed an Agreement to set up an online business. Matters were proceeding well until the reserve judgement was posted online. I think that’s when my coach decided to work with Barrister Ryan Clement to scam me. He subsequently took my husband’s Nine Thousand (£9,000.00) and threatened me later, trying to keep me quiet.

The Metropolitan Police Services

As a result of the reserve judgement online, I face hate crime that affected my disabilities. Winsome Duncan was probably planning to harm me, if I had attended her birthday party on the 27th October 2017. Because of the impacts of the reserve judgement on my health, I was unable to attend. Winsome Duncan send the Police to my home on the 30th October 2017 to section me under the Mental Health Act www.slam-iaptnhs.uk/southwark. The end results are that the Police have been treating me exactly as the ET. I have been made a victim and despite getting to the http://www.ctionfraud.police.uk/report-fraud-about-you two (2) weeks after the incident, I have been let down again.

I am blaming the ET and the EAT for acting perversely in making me a victim. If I was not raised in a Christian home, I would probably see suicide as the only way out after I am part of statistics www.hctgroup.or. I told Senior HR Dilys Epton about my traumatic childhood as a result of the Parkinson’s in my DNA. I have been supporting different communities http://www.justgiving.com/Mervelee-Myers from the time my brother was struck down with colon cancer. Because that’s when I have the first nervous breakdown in a toxic work environment. I told her work keeps me going, https://www.parkinsons.org.uk/get-involved/events. Yet despite my qualifications and experiences I have not worked in 3+ years. Now who is responsible for this state of affairs?

Declaration

Nobody believes in me, but I believe in myself. I know I did not make up any of this. This is my life from my father was stricken with Parkinson’s disease. For the EAT to say otherwise is hate crime and leaving me and my husband to suffer a slow death. That’s terrorism.

 Appendix

EAT Bundle Listing Contents Page in File

  1. GP Dr Ferreira letter – 18/7/2006
  2. Staff Personal Records – 13/6/2009
  3. Declaration of Health –
  4. Statement of Contract Sections – 7/10/2009
  5. Emergency Contact Form – 13/4/2010
  6. GP letter Fitness for Work – 2/4/2014
  7. Dental Report –
  8. GP Medical Report – 2016
  9. Psychological Report – 2016
  10. Luton Street Supervisions – 2010-2014
  11. BIB Supervision – January 2015
  12. Email/correspondences to Dilys Epton re Depression – 14/3/2015
  13. Reasonable Adjustments – Neil Best – 26/7/2015
  14. New Cross Supervision – 28/8/2015
  15. Note re Emotional Wellbeing – 2012

 

Prepared by: Mervelee Myers

Date: 25th October 2018.

Copy to LondonEAT@hmcts.gsi.gov.uk.

Barrister Sally Roberts – CLOISTERS.

@Copyright Fight4justice www.MerveleeConsultancy.uk.

Fight4justice https://mervelee.wordpress.com.

Website http://www.youtub.com/Channel/UCBCqloBmT16XFBLAOPdvtFw.

Facebook https://www.facebook.com/public/Mervelee-Myers

Google www.google.com

LinkedIn https://www.linkedin.com