Cotty vs ISS Facility Services

[Mitch]

Cotty my partner is currently facing his fourth disciplinary at Macclesfield District General Hospital. He has worked in the catering department for nearly four years, and for most of that time he has been a supervisor and very popular with his work colleagues.

He is accused of calling the Catering Manager, Paddy Costello a w a n k e r - which of course he is.

This man is perhaps one of the most incompetent managers you are likely to meet, with serious implications for health and safety, and the well-being of employees in the catering department of Macclesfield District General Hospital. Cotty has been documenting the horrendous examples of incompetence in this department for at least two years, and has notes, records and has kept a diary.

Although UNISON have been helpful with advice, as is common today most hospital workers who work for private contractors LIKE UNSCRUPULOUS EMPLOYER ISS FACILITY SERVICES, they are not union members, so UNISON can not assist as representation in Cotty's pending disciplinary.

We have done our research, and have counteracted Mr Costello's victimisation of Cotty with a grievance against him, siting examples of his incompetent management - he is a serial bully who resorts to bullying to control, because of his own incompetence as a manager.

See www.bullyonline.org for the full facts on serial bullying rampant in workplaces.

See also Clare Dyer's excellent recent article 'When a boss turns into a bully' at
www.guardian.co.uk/g2/story/0,,1447068,00.html

I have sent this email below to Clare Dyer at the Guardian this morning, hoping that she will assist us with publicity around this case. The Catering Department at Macclesfield District General Hospital is out of control, and we are seeking now to expose the horrendous record of ISS management in this workplace - a hospital where lapses in health and safety can have serious implications for both staff and patients.

Are there any anarchist publications that would like to follow this case. It is a real insight into what goes on in todays workplace - managers who have no idea what the law is, make up disciplinary procedures as they go along, and cause stress and misery for employees.

If anyone is interested in speaking with Cotty please pm me through this forum, and I will put you in touch with him. We have no doubt that he is being isolated, and that management are attempting to push him out because he has complained that health and safety regulations are not being followed, and has been considered a 'troublemaker' as a result. Mr Costello, the Catering Manager and serial bully is using all the tactics outlined on www.bullyonline.org to isolate cotty.

Many of his colleagues are falling away in terms of support, for fear of losing their own jobs and being intimidated.

THIS IS THE REALITY OF TODAYS WORKPLACE, AND THE UNIONS ARE NOT ADDRESSING AND TACKLING IT!

[Mitch]

Dear Clare,

Myself and my partner, ................. have read with interest your articles in the Guardian, particularly your recent article 'When a boss turns into a Bully' in March 2005.

My partner, ............., works in the Catering Department of Macclesfield District General Hospital and is an employee of ISS, the private contractor running catering services for the NHS at Macclesfield. He is currently in the throws of his fourth disciplinary after several years service at the hospital, including being promoted to supervisor level.

We believe that he is being victimised/bullied by the Catering Manager Paddy Costello, who is an incompetent manager causing chaos in this workplace, and an individual who resorts to bullying to cover his own incompetence. Many individuals have been vicitimised by this manager, and as a result have left but my partner ................ is having the courage to stand upto him.

.......... faces a fourth disciplinary this Wednesday morning, 15th June, at Macclesfield District Hospital at 10am, accused of gross misconduct. This sits in the context of a catering department completely out of control. Under this bully, Paddy Costello's management, there have been recent incidents of theft, lapses in health and safety in connection with cleaning, and an atmosphere rife with gossip and intimidation of those members of staff unable to defend themselves. Currently, one member of staff is off sick with stress related illness.

..............., my partner, has this morning handed in a grievance complaint against Paddy Costello, asking for a disciplinary hearing against Mr Costello, which is his right as an employee with at least four years service. There are other horrendous lapses in health and safety in this workplace which we intend to expose.

At this stage we were wondering whether you would like to speak with ............ to discuss his case further, and to follow developments of this disciplinary at Macclesfield District General hospital, to expose not only the incompetence of management, but also the incompetence of ISS facility services. Not one employee can lay there hands on the disciplinary procedures, and both Paddy Costello and his senior Damian Sleep do not even seem to be aware of the basic policy around Disciplinary Procedures. For example, my partner ............ has not yet received a written statement of exactly what he is accused of in this pending disciplinary. He also has not been allowed to talk to any other staff to arrange for a colleague to accompany him, which is his legal right, in this disciplinary hearing on Wednesday. There is clear evidence of management making up the disciplinary procedure as they go along - they clearly have no idea what they are doing. ................has been recording their incompetence as they have gone along.

There are clear example of bullying, harrassment and incompetence by management and ........... has kept a diary of dates and incidents dating back two years. This could be an interesting case in exposing the most worrying incompetence in a catering department in a large hospital, which has severe health and safety implications.

We were wondering at this stage whether you would like to discuss the situation with ..........., my partner. He is currently undergoing severe stress as a result of this bullying and is seeking medical help from his doctor.

His telephone number is , and he would very much like to speak with you about the circumstances around his disciplinary and the years of incompetence he has witnessed in the Catering Department of Macclesfield District General Hospital.

We have found the Bullyonline website most useful, and thank you for drawing this source of information to our attention.

We look forward to hearing from you, and appreciate any help you can offer in assisting us to publicise this dangerous incompetence, and the current suffering of staff in the catering department at this hospital as a result of this pscyologically disturbed bully.

........ has sought union advice, but as is common these days if you work for a private contractor within the NHS you are usually not a union member. UNISON have been helpful with advice, but can offer no assistance with representation at the hearing because .......... is not a UNISON member.

Many thanks for your time, and I do hope this email reaches you.

Kind regards.

ANY ADVICE, OR IDEAS ON PEOPLE TO APPROACH TO RAISE AWARENESS ABOUT THIS CASE WOULD BE MUCH APPRECIATED FROM ALL. WE WILL BE CONTACTING LOCAL PAPERS AS WELL.

Best Mitch

[michele cryer]

Mitch...what a terrible situation Cotty appears to be in...I had no idea regarding his position with Unison, ie. not being a member of that union...through no fault of his own...this definitely needs to be investigated further, for his sake and for the sake of all others working for private companies in the NHS.
I wish him every success with his complaints against his boss, and would be interested in hearing the outcome...
Have you thought of posting the above on Indymedia? Libcom and other Anarchist forums as well as seeing if you can submit the article, by email to any online Anarchist publications?

[Mitch]

GOOD PRACTICE IN HOSPITALS - COURTESY OF ISS FACILITY SERVICES!

Cotty went into his, what he thought was disciplinary hearing, yesterday but as it turns out it wasn't, management had changed their mind - it was an information giving meeting when he was informed of a new date for his disciplinary hearing, which is this Wednesday at 10am.

The meeting was supposed to be at 9am yesterday (monday) morning, and Cotty arrived before 9am but he was kept waiting for 15 minutes. During this waiting time they were probably typing his written statement of pending hearing, because they presented this to him finally as he entered the office.

Cotty was prepared. When informed of the new disciplinary hearing date he said that this would not give him enough time to find a suitable representative to accompany him (as is his legal right). He asked the Catering Manager (Mr Costello) whether he was intitled to more time and before the hearing so that he could do this (Cotty knew full well that he was intitled to postpone the hearing for upto 5 days (see amendments to Employment Act 2002/came into force end Oct 2004). Mr Costello urr had no idea, and was imediately put on the defensive.

Cotty also requested copies of ISS's Discplinary Procedures, which he has never received, and at the same time he asked Mr Costello whether ISS disciplinary procedures followed stringently the guidelines to disciplinary procedures as set out by ACAS. This seemed to have the effect of putting the fear of god into Mr Costello (Mitch had told Cotty that by being professional, knowing our legal entitlements and by pointing out clearly the abysmal practice of ISS management we would soon have these idiots on the hop - and it appeared to work!)

When Cotty next asked Mr Costello for a copy of the NHS's (or ISS's/which won't exist!) on Whistleblowing, poor Mr Costello nearly fell off his chair. Mitch had suspected that this would be the pointer that would really scare the s h i t out of them, primarily because ISS Management in the Catering Department of Mucclesfield District General Hell Hole know full well there have been severe lapses in health and safety as regards cleaning and food preparation in this department, and they know that Cotty is fully aware of all these lapses and has witnessed them frequently with his own eyes.

Cotty, during the meeting, presented Mr Costello with an envelope marked Private and Confidential, and addressed to the regional manager Damien Sleep. The envelope contained the letter below - a grievance complaint against Mr Costello.

After the brief meeting yesterday morning, Cotty wanted to speak with a couple of workmates to try and organise a representative to accompany him, but Mr Costello the Catering Manager told Cotty no, that he was to leave the premises forthwith and to talk to noone!

However, Cotty met with several workmates later in the day at a cafe in Macclesfield who came to support him, and to discuss what had been going on since his meeting.

It appears that Mr Costello has been behaving like a tyrant, making all the FSAs in the Catering Department scrub it from top to toe.

Cotty phoned UNISON yesterday - a belated idea to join, but he got the run around on their 0845 call centre number - IF YOU ARE NOT A MEMBER WE CAN DO NOTHING FOR YOU. The Unison Regional office were polite but have offered no constructive support.

We do not really expect to hear from Clare Dyer, but these things are always worth giving a go, and we have made contact with a journalist at the Macclesfield Times, so we will see where that takes us.

Cotty fully expects to lose his job, but he certainly has no intention of going quietly. Others in the workforce are beginning a little to rally round him as he stands upto management. They're awaking a little from their slumber at the injustice.

If nothing else this bully's management authority will be eroded and damaged by this attack. This will bode well for the many whose working lives have been made a misery by this man.

My point in putting this up is that when problems at work occur these days, this is the reality of events. I think if you're thinking about organisational tactics going forward, you have first to describe and understand what goes on in workplaces when someone does speak out. You also must highlight the futility of the unions in this. UNISON have a big campaign going at the moment called 'THINK CLEANERS, MORE CLEANERS = CLEANER HOSPITALS'.

You might think they would be interested in hearing what Cotty has to say about the state of procedures and cleaning in the Catering Department of Macclesfield Hospital, but no interest was shown yesterday.

We can use the law and our brains, but the clear fact remains that he has been a responsible and hard worker, but he will lose his job and the incompetent manager will remain.

Mind you, you need only 6 people to set up a branch of the IWW, which is what I'd have tried to do if I was Cotty - I think I mentioned this to him several months ago. You are talking about a mostly younger workforce in this catering department, with no experience of organising and no memory of militant unionism. There are things in connection with organising that Cotty could have done. But he's doing pretty well so far, and his work colleagues are beginning to wake up.

More later. ;D

(Libcomers can look on this 'ere web forum chuck if they wanna follow this, whilst I appreciate their theoretical conjectures, I like theory and knowledge which leads to action - and I am bored by their constant criticisms and arguments which in my mind are essentially serving as one big barrier to action - they frustrate and demotivate me. I generally avoid what frustrates, demotivates and acts as a barrier to action).

[michele cryer]

Thanks for this informative posting Mitch..and good on yer again Cotty, for standing up to this bullying manager...I hope he gets his come uppance as a result of your letter and other actions.

It will be a sad day if Cotty does lose his job over this current situation, and I hope that he isn't treated badly by the DSS as a result of it...

Please keep us informed about what's going on with him, and the union.

Best of luck Cotty!

[Mitch]

Thanks for your support as ever Michele, I will show Cotty your posts later.

He will be in his 'Disciplinary Hearing' now - it commenced at 10am, although they probably kept him waiting.

He will be wearing a 'f u c k' T-shirt, and he has gone armed with a script full of very difficult words to spell because the woman who takes notes during disciplinaries will not understand what they mean and will have to ask him how to spell them.

More later. ;D

[Mitch]

I think what we are beginning to realise is that many employers are using Disciplinary Grievance Procedures as part of the bullying process to get rid of any employees they want, and what's more central government legisation around tribunals are making it easier for employers to do this. For example amendments to the Employment Act (2002) last year mean that if employers simply follow their own disciplinary procedures, then tribunals will look favourably on the employer, irrespective of the fact that they - the bullies, supported by unscrupulous employers like ISS Facility Services - may be using disciplinary procedures as a bullying tactic.

Employment Law, where employees have had some success in tribunals (which both the State and business are well aware) is beginning to be tightened up - it bodes extremely badly particularly for casual workers and atypical workers. But I think what you can see increasingly is that employment law is working less and less now in EMPLOYEES favour.

Watch out full time employees with contracts, the lack of employment rights pertaining to casual and atypical workers are COMING YOUR WAY SOON. This is where the established UNIONS fail both casual WORKERS, and EMPLOYEES with contracts - they are not making the links, and foreseeing that EMPLOYEE's rights are now being eroded. Succss in tribunals for employees will soon be a closed shop in my mind.

(below, taken from www.bullyonline.org/workbully/grieve.htm)

"Grievance procedures and bullying
Why grievance procedures are inappropriate for dealing with bullying
In 2000 there were 130,000 applications to employment tribunal in the UK; in other words, every year in the UK, 1 in 215 jobs ends in a tribunal. This suggests of something fundamentally wrong with workplace Britain.

Instead of finding out why so many employees find themselves placed in the position of having to consider employment tribunal every year, the UK Labour government's solution (sic) is to make it harder for employees to get to employment tribunal. This latest spin-doctoring follows a number of attempts by the government to paper over the cracks by suppressing the effects of a problem rather than identifying and dealing with the cause.

A new employment bill will make it mandatory for employees to follow the grievance procedure, and will empower tribunals to penalise employees who haven't followed their employer's grievance procedure.

Grievance procedures are inappropriate and ineffective in dealing with bullying a for a variety of reasons:

bullying is equivalent to rape (it's psychological and emotional rape because of its intrusive and violational nature) and grievance procedures force the victim of this rape to have to relive the trauma repeatedly - this could be a breach of Article 3 of the Human Rights Act: no one shall be subjected to inhuman or degrading treatment
the person who normally handles the grievance is usually the bully, or a friend of the bully
if the bully is a co-worker, the manager who would handle the grievance has already failed as a manager for allowing the bullying to occur and for failing to deal with the bullying before it got to the grievance stage
the bullying manager has lots of friends in HR and management and will blacken the target's reputation before grievance procedures begin
most bullies will successfully lie, cheat and deceive their way through grievance
the bully will make sure the grievance lasts as long a possible (eg a year or more)
the bully will deny the target access to records, sometimes rifling the target's desk and stealing notes
the bully will ban the target from having contact with fellow employees
the bully will threaten fellow workers into withdrawing support for the target
the bully and the employer will limit representation to a union representative (many reps are untrained, unsupported, and some are part of the problem) or co-worker (all of whom are too frightened to stand up for a fellow worker)
plus all the reasons listed at www.bullyonline.org/workbully/standup.htm
The acid test of any legislation is "would it have worked in previous cases?" When you read through the case histories at Bully OnLine you'll realise that it didn't work or wouldn't have worked in many of those cases."

The State - Central Government - is hand in hand with employers in facilitating and perpetuating this misery in the workplace.

[Mitch]

The Macclesfield Times will be interviewing Cotty shortly and are most interested in the story.

[michele cryer]

Wonderful news Mitch...and thanks for that bullyingonline website link!

[Mitch]

Thanks for your cheery words as ever Michele.

Cotty's been sacked for gross misconduct today, but is speaking with the Macclesfield Times and the Express about a large article on the appauling health and safety lapses in the Catering Department of Macclesfield District General Hospital.

This catering department, managed by ISS Facility Services, is actually supposed to be one of the top 10 performing catering departments in the UK. So, if we have idiot managers, poor health and safety, make it up as you go along disciplinary procedures and employment policy in one of the top ten hospital catering departments in the country, what the hell do we have elsewhere.

The workforce in catering is unsettled and supportive of Cotty but as yet taking no collective action. What's left of Unison representatives have been avoiding Cotty's challenge.

We will see what comes of an article in the local press. This may be a further spark, holding ISS ACCOUNTABLE.

These 'individual' challenges go on all the time in such workplaces - what's lacking is the support network to home in on the challenge and take it to the next level. Many in the workplace remain quiet for fear of losing their jobs - what little low pay they get for the jobs they do.

More later.

[michele cryer]

Awww Mitch, it's so sad to hear that Cotty's been sacked...I hope he looks into whatever benefits he can claim to tide him over till summat else comes along.

Give him my best wishes for his campaign via the Press and continue to give us all regular updates...

[Mitch]

Ta for your support.

ISS Facility Services I think is a large multi-national to really focus on in any anti-casualisation campaign.

Unfortunately, we, it appears, have been banished from anti-casualisation campaigns locally because of urr circumstances. Our ideas are not welcome because they may not fit a blueprint model.

Assisting individuals in their challenges in the workplace I think has value, and it's a place to start as well - cause as it exists at the moment I think many people are fighting on their own in workplaces with great disadvantages.

ANTI-CASUALISATION CAMPAIGNS START IN THE FIELD, IN THE STRUGGLES, NOT IN TOP DOWN ABSTRACT MEETINGS.

[captainmission]

burnley anarchist haven't been banished from anti-causilisation meetings and are more than welcome to come along.

[michele cryer]

Thanks for this reassurance, Captainmission...and welcome to the site! Hope to hear lots from you...