Exclusive: Northiam, the picture postcard Sussex village that hides a fractious community of hate and harassment

Northiam village

By David Hencke and Joseph Eden

An alleged horse murder, police protection at a parish meeting and council office and notice board defaced with hated filled graffiti

You could not imagine a more bucolic English scene. Beautiful rolling Sussex countryside, white painted country cottages, a heritage steam railway running by the village and Bodiam Castle, an imposing moated medieval ruin dominating the valley.

But this quintessential sleepy English village hides some of the most vicious in fighting by former and sitting parish councillors and their friends involving hate filled Facebook posts, false allegations, dodgy contracts, one sided council investigations, favours for friends, while Sussex police and the Rother District Council try to pretend nothing is happening here.

If this was inner city London or Birmingham such battles would be factional or party political. But here it is not politics but rival personalities who either want to control events or who are convinced dirty business is afoot in secret meetings.

A Midsomer Murders village?

If there is a script for this story it could either be an Agatha Christie novel or an episode of Midsomer Murders. So far only a grazing horse has died, but given the tensions here one wonders whatever will happen next.

So how has this happened? The trigger for all this is a remarkable pot of gold given to this little village by the former Tory Cabinet minister Michael Gove. As levelling up secretary he approved a massive £1.4 million loan in 2019 to enable the parish council to purchase a former Blue Cross animal rescue centre so the village could use its ample green acres for community use.

There had been much consternation in the village when the Blue Cross decided to close and sell the site as the original land had been donated by a local farmer and it was a valued part of the village as well as providing much employment.

The parish council was united in wanting this centre. Before they bid to buy it former Beatle Sir Paul McCartney came to the village with the chief executive of the Blue X centre to see if it could be saved. He even offered to underwrite the cost but the organisation was determined to close it.

His earlier letter of support for the Blue X Centre before it closed is here:

The purchase of this 34 acre greenfield site has meant that all the residents face an extra parish council precept on top of their council tax to pay back a Public Loans Work Board loan backed by the Treasury for the next 50 years.

Horses looked after by Lauren Sapsted graze on the former Blue X site – known as St Francis Fields

The row emerged about what to do with the land once it was owned by the council. At the time when all was sweetness and light a proposal was drawn up by then councillor Penny Farmer with the aim of providing local facilities for local people with talk of a riding school, workshops and local people being allowed to graze their own horses and allowing a small number of new houses to rent to local people who couldn’t afford Sussex’s rocketing house prices. These would have been built on an ‘exception site’ basis and was limited to an initial build of six. 

Then councillor Penny Farmer, who has an equine background  was also asked to provide costings of how the stabling and grazing could be made to work so that government loan would be affordable while allowing public use and her costings were included in the proposal to the government, to help convince them to grant the loan. The proposal and map of the huge site is here https://docs.google.com/document/d/1PJLomhPMtDrIGl3yNsnQofsjlJDopvPcRQcYpiIW_24/edit?pli=1

The first sign of things going wrong was when it was decided to hand over the running of the site to a  non profit making Community Interest Company with a clause saying the directors could take profits from developments on the site and it was allowed to keep all the revenue from the site to spend as it saw fit.

The big issue with the CIC is that as a corporate body, it has cost the parish council more money than they have created or put back into the project. The Parish Council “grants” them £1500 a year, they use an office and storage space as well as land owned by the Parish Council rent free which the council could otherwise rent out and they have not achieved anything the Parish Council couldn’t have done itself despite not having “power of competence”. Last financial year – they got double the grant -two tranches of £1500. They also rent unknown land/buildings on the site to unknown people for £1460 a year – there is no record as to who or what this is all about at the Parish Council; it has never voted or agreed to this use. The latest accounts are here.

Pete Sargent

When it was set up it soon emerged that other councillors had different ideas and one in particular Pete Sargant, who chaired the council at the time and is still a member, was seen by opponents as the ” village Godfather figure”. He is a smooth talking man with a lot of friends in the village but rather like Macavity in the musical Cats it is his friends who do a lot of the arrangements. Macavity is not there.

Pete Sargent said: “Several of them stated that they would be interested in helping set up the CIC and so I called them all together and asked them if they would like to set up the company, which they duly did. They chose themselves.”

This is not entirely true. Judith O’ Connor, the chair was tipped for the post in advance while Carolyn Pierce, previously a councillor, who had worked on the Blue X rescue centre for 20 years, was denied a post when she requested one. It is said by Jon Streatfeild. a former chairman of the council ,that Sargent kept the book with the directorships to himself for six months until all the posts were filled, mainly to members and friends of his in the local Bonfire Society and the Village Hall Trust.

Later when one councillor, Ben Dallimore, in 2022 demanded to see the minutes kept at the parish council office, the then clerk to the council, Nicola Ideson, threatened to call the police, started messing up files and tried to make out she was being physically threatened and harassed and pushed him out of the office. He had the foresight to have recorded the conversation and when she complained he made it clear he had recorded it. In February 2023, she contacted the Information Commissioner’s Office to say that as a Parish Councillor, he had recorded her at work and she wanted a copy of the data. After some arguing back and forth with the ICO about the nature and purpose of the recording, he gave her an edited copy of the recording which only contained her information..

It soon emerged there was a reason for this secrecy. For instead of planning new community facilities the first thing that happened was an approach to a housing developer suggested by retired architect, Julian Luckett, partner of Judith O’Connor, who chairs the CIC and an administrator of the Northiam Facebook page.

Jennifer Owen Construction Ltd, a local firm, had already built expensive £500,000 four bedroomed detached homes in the village, and was contacted by Pete Sargent’. He said: “I contacted Mr Malcolm Edmonds, the MD of Jennifer Owen Construction Ltd to discuss possible options on part of a field to which they owned the access. This plot was less than one acre in size, so 3% of the total site rather than 33% as suggested. Initial contact was by email due to lockdown and so a site meeting was impossible. A year later when I was no longer a Councillor he made contact again. I forwarded their email to the new Chair of the Council and the Chair of the CIC, both of whom decided that they did not want to follow it up at that time.”

This turns out not be quite true. A memo from Georgina Jackson, a later parish clerk, reveals there was a secret meeting with the firm to develop one field where there was access and it was not to build cheaper rented homes for ordinary local people but expensive new homes.

Sargent had also written an internal report where other areas of the site could be considered as ‘brown field’ and therefore considered for development. This was in spite that he had given assurances, including in TV interviews and in emails to the government, that the proposed purchase of the site was to save it from development, as well as providing a community asset.

The development foundered because the firm discovered the homes would have to be marketed as leasehold because the parish owned the land and it would not get the best price. The firm was also worried it would have to go out to competitive tender and it could lose the contract. The company was not interested in developing the whole site, despite rumours to the contrary.

A fake Northiam Parish flyer was put out to worried residents about this when news leaked out.

The clerk took legal advice about this and was advised this would have been illegal if they had gone ahead and the parish council could have been prosecuted for breaking the terms of Gove’s loan.

But there was a much bigger row on the horizon that was to lead to nasty consequences for anyone who objected. During the pandemic a decision was made to lease 10 acres of the site to a horse trader, Lauren Sapsted, who would keep horses for wealthy owners, on the site, while at the same time blocking a local resident who wanted to graze her two horses on community owned land.Several other local horse owners were also turned away.  The exclusivity clause in Sapsted’s lease meant that local residents were barred from using much of the site and none of the equine facilities including the sand schools, even though they were funding it through the council tax.

The deal only open to her was she would pay the parish £12,000 a year to lease the land and the parish council even agreed to pay half her £3000 legal costs and she would pay a small sum every month to repay the loan. It was renewable. The loan was not disclosed to the full council. It turned out that the deal could have been illegal because it broke procurement rules and a planning restriction by Rother District Council that forbade commercial activity on the land. Pete Sargent defends it as done during the pandemic and claims that 50:50 arrangement on legal fees is ” common practice”.

Events took an extraordinary turn when the lease came up for renewal . After her horse died Lauren Sapsted demanded the parish paid for security cameras to be put up on the land which costing £14,000 – more than the annual rent. The parish council demurred in drawing up such a contract but unknown to them Sue Schlesinger, chair of the parish council at that time and sister in law of the famous Hollywood director, John Schlesinger who made Midnight Cowboy, secretly made a separate contract granting this without telling the council after Lauren asked her to do it.

The security cameras never came and the shenanigans over the two contracts were too much for Lauren and she left 18 months later leaving the parish with no income and moved her business elsewhere. Sue Schlesinger resigned but has lately been re-elected to the council.

Entrance to Lauren’s Sapsted’s leased business

Lauren still claims her horse was murdered today and the two former councillors are to blame.

There was also a nasty consequence to all of this. When Lauren discovered Alice, a valuable pregnant horse, had been found dead, she was convinced it had been murdered in the night and blamed two councillors, Penny Farmer and Jon Streatfeild , a former chair of the council, for killing it because she had been erroneously told that they wanted to take over her business. Councillor Robert Maltby, a friend of Sargent, gave Lauren the report which he obtained from Sargent of Penny’s 2019 submission, which had originally been requested by Sargent, saying it was her current plan in 2022.

The murder allegation was not just village gossip it was put up on the Northiam and Nearby Facebook page by Lauren on the 16th May 2022.The site administrator, none other that CIC Director Judith O’Connor allowed this post to remain.

You can also see the shock of local people who now believed they were scumbags. Lauren called Sussex police asking them to open a murder investigation. They found no evidence. To do this the councillors -one of them a middle aged lady – would have got up in the dark middle of the night and tramped across fields. Two people questioned this. One, Ben Dallimore, a former councillor, was up in the middle of that night because he and his wife had a new baby. Their house is close to the field and they heard nothing. Another resident was surprised because if strangers were nearby, their dogs immediately start barking. They heard nothing either.

Jon Streatfeild – former chairman of Northiam Parish Council

Then the real harassment began. The parish managed to get sympathetic support from two top officials at Rother District Council to investigate then councillors Penny Farmer and Jon Streatfeild. Lorna Ford, chief executive, and Lisa Cooper, a monitoring officer, got a lawyer from Chichester District Council to prepare a report saying Streatfeild was guilty of leaking the confidential contract with Sapsted which revealed the arrangements for the lease and it was not in the public interest. They paid the lawyer £12,000 for the report but there are no records of their agreement or how much time was spent on the report which sounds highly irregular for a local authority. The finding contradicted later legal advice obtained by Jon Streatfeild that said the deal with Sapstead broke the law – so it was in the public interest for this to be released.

Separately when the police inquired about concerns brought by Jon Streatfeild about what was going on at Northiam, Lorna Ford sent emails to the police that everything was fine there.

Another report was commissioned by the parish council – at a cost of another £12,000 from an independent firm – which was skewed not to include any investigation into the relationship between the parish council and community interest company – which was central to the development and subject of concerns. This was prepared just before a public meeting in Northiam where Streatfeild and Farmer were treated as pariahs, including being spat at by people who believed they were horse murderers.

So bad was this meeting that at a future hustings meeting in the village last year Sussex Police arranged security to protect them – Penny Farmer , a former police officer, was so worried she did not attend.

Last year Streatfeild was defeated in the parish elections as most people believed the allegations. But he also had to put up with further stress. His front garden was sprayed with weedkiller, a parish noticeboard was covered in graffiti denouncing him, and two stalkers appeared to harass him at his place of work.

One, Michael Court was served with an adult ASBO by the police to keep good conduct for the next two years. Another Richard Smith, an ex policeman, came into the pub where he worked part time and denounced him in front of all the pub customers – obviously hoping he would get the sack. But this has not happened.

All these details of the harassment has been put to the police and the Rother District Council. The official statement from Sussex Police is completely defensive.

Rosie Ross, divisional commander at East Sussex police replied: “As a journalist you will know the rules around personal data and sharing of such data. This request is in the context of named individuals and actions we may have taken to either safeguard or sanctions used,  as and such cannot be shared. Even if it were a Freedom of Information request, it would be exempt under s40 FOIA for these same reasons.”

We actually didn’t need to put in a request as we have seen the terms of the order against Michael Court and there were plenty of witnesses to the incidents.

Rother District Council was equally defensive.

A Rother District Council spokesperson said: “The district council has a duty to put in place arrangements to manage complaints against elected members for the town and parishes. We deal with all code of conduct complaints diligently and fairly in relation to all complainants, and we believe we have done so in this case.

“It would not be appropriate to comment in detail on individual code of conduct complaints as they are confidential.

“However, we have repeatedly advised Mr Streatfeild and others of the limited powers that Rother District Council has to become involved in matters relating to other councils, especially with regards to matters such as the Blue Cross Site. We have advised Mr Streatfeild how best to pursue those complaints via organisations which do have the power to intervene, including the police.”

Rother District Council have not investigated any complaints brought against Peter Sargent, even though he helped instigate the proposed development of the land after publicly stating that the loan was for a community asset, lent parish council money without the knowledge of other councillors to help cover Sapsted’s legal bills which is unlawful and brought a complaint for criminal damage on the site, on the very day that we visited it to research this article and witnessed no such criminal damage.

Again we have seen all the details involving the Rother District Council officers involved and have published this in the public interest.

One bizarre reaction from Sussex Police was to suggest the complaints went to the National Audit Office, the Parliamentary watchdog that scrutinises Whitehall. Since the abolition of the Audit Commission by the Tories, which did scrutinise parish councils as well as larger bodies, there is no body that has the power to regulate local government.

As a result the NAO said it could not conduct inquiries into parish councils like the now defunct Audit Commission. But Adeel Shah, the NAO’s FOI and Correspondence Officer gave Jon Streatfeild very useful advice. He said the answer was to go to the external auditor of the council and helpfully looked up who was responsible.

Now the external auditor, PKF Littlejohn LLP, based in London, is looking at Northiam Council following two separate complaints. One is from Penny Farmer, which is challenging the whole way the council is managing its budget and whether certain earmarked funds, such as for a sewer outlet, are being raided, and whether the parish could run out of money.

Ben Dallimore on holiday

Another is from Ben Dallimore, another former councillor, about how money has been promised to Wealden Traditional Construction Ltd for the design plans of the new Football Pavilion to be claimed back from S106 ( money given by builders Persimmon )held by Rother DC. The contract to build the new pavilion will be worth £300,000.

Now the main employee of this company is local villager John Cusden, who plays for Northiam Football Club. His application was supported by retired architect, Julian Luckett and Pete Sargent. Companies House records show that his own company, Wealden Design and Build Limited has just gone bust and is in the hands of a liquidator. The new company is registered at the same address in Rye that the old company recently moved to. It has one new director, Charles Dawson, but its website praises the work of John Cusden over the last 10 years when he was director of the bust company.

A letter from the external auditor has now raised 11 procedural issues that led to the granting of the money which the council must answer. It also discloses that the external auditors may have received more than two complaints.

Mr Dallimore is now facing the same treatment as meted out to Jon Streatfeild. He has been recording council meetings and did some filming after one was held in private. The council are now discussing with Rother District Council whether they can impose restrictions on his activities by imposing the equivalent of an adult ASBO.

Mr Sargent did not want to comment on these complaints. His case is that he is the victim of harassment not the other councillors. The only evidence we could find about this is that someone scratched on the council office that it was ” The Bank of Pete Sargent” – of which there is no evidence that he has ever taken money for himself.

We have done this long special report to illustrate what has happened to local government at parish pump level now there is no official scrutiny by national bodies and local media has disappeared in this part of East Sussex. The irony is the lack of scrutiny has led to people putting too much on the internet so there are a wealth of documents to stand up exactly what has been going on in Northiam.

Michael Gove has left the new Labour government plans to revive a smaller version of the Audit Commission to regulate local government again. The new government need to act not only to police the growing number of technical bankruptcies in big local councils but to ensure that smaller bodies don’t end up being run by cliques helping each other out. The police and bigger authorities are obviously not up to the job and the NAO has much bigger fish to fry in policing waste and dodgy deals in Whitehall.

One-Time
Monthly
Yearly

Make a one-time donation

Make a monthly donation

Make a yearly donation

Choose an amount

£5.00
£10.00
£20.00
£5.00
£15.00
£100.00
£5.00
£15.00
£100.00

Or enter a custom amount

£

Your contribution is appreciated.

Your contribution is appreciated.

Your contribution is appreciated.

DonateDonate monthlyDonate yearly

Please donate to Westminster Confidential

£10.00

How Starmer and Reeves pension savings are deliberately driving the elderly to an early grave

1950s born women to face a quadruple whammy to their hopes over compensation, heating allowances, fuel bills and new taxes

Sir Keir Starmer in the Cabinet Room Pic credit: Gov Uk

In just 50 days of a new Labour government pensioners rather than the better off have been singled out to pay the price to balance the books of running the country.

They are the people who are often not in the best of health, have worked most of their life and most don’t go around rioting and throwing fireworks or bricks at the police.

So for Sir Keir Starmer and Rachel Reeves they are a soft target to save money, particularly if your object is to grow the economy.

Rachel Reeves, Chancellor of the Exchequer poses for a photograph following her appointment to Cabinet by Prime Minister Sir Keir Starmer in 10 Downing Street. Picture by Lauren Hurley / No 10 Downing Street

To them the elderly are a burden. That is because they would find it difficult to have enough energy to start new businesses, expensive to look after since they are more likely to use the NHS, and the cost of pensions is the real big ticket item for the Department for Work and Pensions costing £125 billion a year – far outstripping any payments to other people. The total DWP annual pay out to people is £258.4 billion – so pensions are almost half the bill. Rachel Reeves will know all about this as her partner, Neil Joicey was finance director at the DWP.

If ministers are prepared to ignore that pensioners feel they have contributed to their pension and it is theirs by right, it would be rather convenient for the Treasury if they died sooner than later. Life expectancy is already stagnant and the new Starmer and Reeves measures could see it fall. Also pensioners were the last group who chose to vote Conservative rather than Labour at the general election, so it would be politically convenient with a five year government guaranteed by its large majority if many had died by 2029. The dead can’t vote.

Darren Jones Pic credit: ITN News

The justification for means testing the fuel allowance – worth up to £300 per pensioner household – put by Darren Jones, the new Chief secretary to Treasury, was that it was a blanket benefit costing £1.4 billion claimed by the rich and poor. True a 90 year wealthy woman living in Kensington might not miss it, but an average 66 year old man living in Blackpool and about to die a year after getting his pension, will.

But his argument could also be used to abolish the universal state pension- and for all I know is being discussed in the Treasury – since it goes to billionaires -as well as the poorest.

The cut off point to lose the fuel allowance is £218.25 a week for single pensioners and under £332.95 for couples. Some 880,000 earning less than this could apply for pension credit but the forms are daunting for this. I checked to qualify you have to answer up to 243 questions. Read it here.

Some of the questions are bizarre. Why would you have to tell the DWP for example, if you share your home, with another person, whether he or she has ever been in prison or held in custody at a police station? Why do you have to tell them whether they have ever had four weeks holiday outside the UK? If you have over £10,000 in savings you have to fill in an additional 31 questions on another form. You have to disclose all the money send original bank and building society savings books and reveal how much cash you hide at home. You are expected to fill in the form yourself, if you can’t expect a visit from a DWP civil servant demanding why you can’t. No wonder a lot of people are put off and Ed Miliband’s cheery suggestion you apply, appears to mean he hasn’t a clue how detailed the forms are.

The other outrageous thing is that any government proposing a change should do an impact assessment on what this will mean. This was ignored by Rachel Reeves- so keen was she to announce the cuts.

On top of this we now know, after the announcement from the regulator, Ofgem, that energy prices are going up 10 per cent from October adding an average £149 to people’s bills just as the £300 fuel allowance is being abolished. At the same time Labour pointedly did not agree to raising pensioners tax allowances so with the triple lock in place, to avoid the poorest pensioners with little or no extra pension in place starting to pay tax again.

Michael Shanks MP and junior energy minister

As for the 1950s born women the chance of any compensation – even the paltry sums of between £1000 and £2900 recommended by the Parliamentary Ombudsman — is getting dimmer by the day. A rather frank answer to a constituent from Michael Shanks, the new Labour MP for Rutherglen and junior energy minister, has revealed the Treasury has taken over deciding whether they get a penny.

He wrote:” My understanding is it is being looked at seriously by Treasury and DWP Ministers now they are in post and fresh discussions are taking place about what happens next.

He went on: “You may be disappointed we didn’t simply commit to compensation for all, but as we have discussed before, I think it is more complex than that and I’m not convinced a one size fits all approach is right, or a good use of public money. The PHSO has recommended £1-3,000 per person, costing up to £10bn. However, this would give compensation to women who did know about the change – around 43% of WASPI women according to the PHSO. We need to ensure that any compensation is fair, so that at such a difficult time for the country financially we are not paying out thousands of pounds of compensation to women who were well aware of the changes, and that we are not insulting those badly affected with a mere £1-3,000.”

I have looked at the PHSO report and couldn’t find a reference to this 43 per cent who knew. If this is true it means that over 1.5 million will get nothing even if the government decides some compensation is due.

Meanwhile the campaign by CEDAWinLAW goes on. Jocelynne Scutt, the former Australian judge, who headed an independent tribunal into the fate of 50s women who lost their pensions for six years, was handing in a letter following a petition signed by 37,000 at Number Ten Downing Street today to drive home to Sir Keir the strength of feeling over the discriminatory issue and the need for mediation with ministers. WASPI, which represent 186,000 of the 3.5 million affected say they will have a meeting with minsters next month.

Here’s a newly edited video of the visit by Jocelynne Scutt explaining the latest moves by CEDAWinLAW.

One-Time
Monthly
Yearly

Make a one-time donation

Make a monthly donation

Make a yearly donation

Choose an amount

£5.00
£10.00
£20.00
£5.00
£15.00
£100.00
£5.00
£15.00
£100.00

Or enter a custom amount

£

Your contribution is appreciated.

Your contribution is appreciated.

Your contribution is appreciated.

DonateDonate monthlyDonate yearly

Please donate to Westminster Confidential

£10.00

The extraordinary failure by the Solicitors Regulation Authority to police lawyers who misuse non disclosure agreements to silence whistleblowers and employees

If you were thinking of complaining about your employer’s solicitor trying to force you to sign a NDA barring you from complaining to the police, another regulator, or ban you from making freedom of information (FOI) requests or subject access requests to your company or public body, you might as well not bother.

For new figures released this year following a request under the SRA’s voluntary Transparency Code (it is not signed up to FOI) reveals how miniscule the action over misused NDAs is taken by the SRA that polices over 167,000 practising solicitors.

Over the last four years, believe it or not, action has only been taken in less than FIVE cases where NDA’s are involved out of the 10,000 complaints about solicitors received by the SRA every year.

Figures released to David Change (he is on X @DavidChange12) where the sole complaint was about the misuse of Non Disclosure Agreements amount to just 41 over the last four years. Of these 13 were not investigated and there were fewer than five warning letters issued over the four year period, similar for letters of advice, and public and private rebukes. In some years the SRA was almost completely inactive. In 2023 it is issued just what looks like one public rebuke. For the first five months of this year it says it has had just one complaint and taken no action so far.

Sellafield

One of the complaints I know about involving a whistleblower in Sellafield, the nuclear waste site, the documents I have seen, show that solicitor Emma Mills, a partner in law firm DLA Piper, had tried to force the person to sign away his rights to make FOI and Subject Access Requests to Sellafield and withdraw a complaint to a regulatory authority about the company’s human resources department. The SRA replied to him that she had behaved correctly without it looks like bothering to investigate further. Yet the Information Commissioner’s Office told me that asking anybody to withdraw FOI’s or SAR’s was outside the law.

The SRA’s figures do contain a caveat. They did not check whether among cases whether the complaint against other activities by solicitors included a complaint about misusing NDA’s, so the figure could be higher. It was too expensive under FOI guidelines for them to check further.

The fact that there is a problem with the misuse of NDA’s is not disputed. A snapshot of the present situation was put together by the Legal Services Board and published this year.

Concealed illegal activity included harassment and discrimination

The report said: “Examples of alleged illegal activity reported by respondents as having been concealed by NDAs included unlawful harassment and discrimination (e.g., on the grounds of sex, race, disability
and maternity), sexual assault and abuse, fraud and tax evasion. Many respondents reported NDAs being related to employment disputes. In defining misuse, some respondents questioned whether NDAs should ever be used to conceal misconduct, prevent a victim of wrongdoing from seeking support or reporting to regulatory or law enforcement bodies.”

The report was a snapshot – for example there was just one case cited involving the NHS – when certainly health trusts use them more widely to cover up scandals in the health service. It showed that many employees pushed to sign NDA’s, felt an imbalance of power between their knowledge of what they were signing and the company’s lawyers and were bullied into signing NDA’s. Others felt the firm did not care about their mental state or threatened them with facing an employment tribunal where the company’s lawyers would expose their failings.

There was also a mismatch between the fine words of the evidence given by the SRA to the Legal Services Board who showed they understood that lawyers did pressurise people to sign NDA’s and the actions it took when it received a complaint as shown by these statistics.

What this pointing to is a change in the law governing the issue of Non Disclosure Agreements which should be outlawed if they contain any reference to people losing rights given by Parliament to make FOI or subject access requests or complain to any regulatory authority including the police and HMRC.. What is clear from the Legal Services Board report is that many employees are totally unaware of their rights which can then be exploited by dodgy companies and irresponsible public authorities. As for the SRC this record of handling complaints is abysmal.

One-Time
Monthly
Yearly

Make a one-time donation

Make a monthly donation

Make a yearly donation

Choose an amount

£5.00
£10.00
£20.00
£5.00
£15.00
£100.00
£5.00
£15.00
£100.00

Or enter a custom amount

£

Your contribution is appreciated.

Your contribution is appreciated.

Your contribution is appreciated.

DonateDonate monthlyDonate yearly

Please donate to Westminster Confidential

£10.00

The Solicitors Regulation Authority isn’t ” fit for purpose” to protect the public and whistleblowers

Solicitors Regulation Authority logo

There appears to be growing evidence that the Solicitors Regulation Authority,(SRA), the body that regulates and upholds professional standards for lawyers, is inconsistent in its judgements, over sympathetic to lawyers, particularly from large firms, and is not regarded by the public and whistleblowers as protecting their interests.

I took up the treatment of two whistleblowers who separately complained to the SRA about lawyers acting for the Sellafield nuclear waste site and the Nuclear Decommissioning Authority (NDA) recently. . Both complaints were rejected by the SRA who said the lawyer had behaved correctly. Yet they raised serious questions about the use of Non Disclosure Agreements (NDAs) to crush people complaining to regulators and use Subject Access Requests and Freedom of Information requests to obtain information from public authorities.

alison McDermott

One, Alison McDermott, who lost a consultancy contract after exposing bullying at the nuclear plant, even asked her former MP, Philip Davies, to complain about her complaint to the SRA being used against her by lawyers in a costs hearing. The chief executive of the SRA, Paul Philip, rejected this and cited the NDA’s view that she had acted “‘vexatiously, abusively, disruptively or otherwise unreasonably’ in the way that
her employment proceedings were conducted.” In fact both organisations lost most of their £40,000 claim against her.

She had previously complained about Deshpal Paneseer KC, a barrister from Old Square Chambers, representing the nuclear site, for the language he used against her saying she was a fundamental liar but got nowhere with this.

The costs claim included trying to get retrospectively the costs of a freedom of information request that Sellafield had granted. In fact there is no provision under the FOI Act for retrospective claims – the public authority has to decide within 20 working days of the application whether to grant it or not.

The second whistleblower – who I have not named – complained to the SRA about Emma Mills, a solicitor with DLA Piper, a proposed NDA ( this one known as a COT3) which demanded he withdraw all FOIs and Subject Access Requests and a complaint to a regulatory authority or face a £14,000 costs hearing despite withdrawing his case at an employment tribunal.

He wrote : “I am a Whistleblower acting in the public interest, and I regard the behaviour of Emma Mills and the Respondent as menaces and harassment, pushing me to accede unwillingly into signing a COT 3 contract which is not in my best interest, and under the threat of pursuing me for costs if I do not sign the COT3 contract.”

Again the SRA rejected this and again it is not lawful under the FOI Act as there is no provision in the Act for an organisation to ban a person using FOI. This was confirmed by the Information Commissioner’s Office.

Inconsistences in judgements

The inconsistency is shown by a recent decision by the SRA over a similar case reported on Linked In by Loopline Media. The full article is here. A law firm Orrick Herrington & Sutcliffe (UK) LLP had been employed by a German firm Payone, a Digital payments service firm, based in Frankfurt with employees in the UK. The report found the law firm had tried to impose a settlement with a whistleblower to withdraw a complaint to the Pensions Regulator that it was breaking UK law by failing to provide a proper pension for employees. The SRA found the law firm had could have negatively impacted the reputation of the legal profession. Orrick’s conduct was found to fall short of the SRA’s ethical standards, prompting regulatory interception by way of a letter of advice. 

However the firm have been treated with kid gloves. No disciplinary action is being taken and a full report is not being published. The Pensions Regulator is investigating the firm.

Damning conclusion on the Legal Lens blog

The state of the SRA is thoroughly criticised in a post, also on Linked in, by John Barwell, a data privacy expert. In a damning blog, he points out multiple failures by the SRA. questioning whether a body funded by solicitors can really police solicitors. His damning conclusion is :

“The Solicitors Regulation Authority was established to protect the public and ensure that the legal profession operates with integrity. However, its track record shows that it is a regulator in name only, failing to achieve these goals. The mishandling of cases involving prominent law firms is not just an isolated failure—it is symptomatic of a regulator that has lost its way. Without significant reform, the SRA risks becoming an even more useless entity, incapable of holding the legal profession accountable. It is time for the SRA to step up, enforce its regulations consistently, and restore public confidence in its ability to regulate the legal profession effectively. Until then, it will remain a toothless watchdog, incapable of fulfilling its vital role in the justice system.”

I would add more thing – there is a question mark over its choice of solicitors to do its work – especially if you are a whistleblower in the NHS. The law firm which holds the contract is Capsticks, which also holds a major contract with the NHS to represent trusts. It is fiercely proactive in pursuing whistleblowers trying to expose patient safety concerns in the NHS and earns a substantial income – funded by the taxpayer – to represent trusts in these cases. If Capsticks is seen as bringing the profession into disrepute – a complainant may report them to the SRA only to find that Capsticks handles their cases. I know of one barrister who did spot what he thought was bad behaviour but he told me it was not worth going to the SRA about Capsticks since the SRA was their client.

I asked the SRA for a comment on my two cases last week but they have not released it yet. I will put it up when it arrives.

One-Time
Monthly
Yearly

Make a one-time donation

Make a monthly donation

Make a yearly donation

Choose an amount

£5.00
£10.00
£20.00
£5.00
£15.00
£100.00
£5.00
£15.00
£100.00

Or enter a custom amount

£

Your contribution is appreciated.

Your contribution is appreciated.

Your contribution is appreciated.

DonateDonate monthlyDonate yearly

Please donate to Westminster Confidential

£10.00

Time to ask the Lord Chancellor to intervene to make employment tribunal transcripts available and release judge’s notes

Shabana Mahmood, Labour’s new Lord Chancellor

Please sign letter by whistleblower to Shabana Mahmood

Two years ago some 317 people agreed to sign a letter to Sir Keith Lindblom, senior president of the tribunals, calling for transcripts and recordings of employment tribunal cases to be made available.

Employment tribunals appeared to be one of the few legal proceedings where records were not kept and claimants and whistleblowers – often appearing as a litigant in person – were put at a big disadvantage against big corporate companies, NHS trusts, powerful public bodies like Sellafield, who employed expensive barristers, often using taxpayer’s money, to discredit employees and whistleblowers bringing cases against them.

The companies and public bodies could afford – unlike a litigant in person – to employ notetakers or paralegals – so they had their own records – so if a person appealed against a tribunal verdict – he or she was at a big disadvantage.

Within just seven days we had backing from well over 300 people – from a former economic adviser to No Ten Downing Street, Sir Adam Ridley, 80 medical consultants, numerous GPs, nurses, teachers, to a former deputy groundsman at the Chelsea Pensioners hospital, a lorry driver, an actor, writer and a poet. This suggests there is a wide ranging feeling that there is something wrong in the justice system.

Judge Barry Clarke, President of the Employment Tribunals in England and Wales

Barry Clarke, the head of the employment tribunals in England, responded to the letter by announcing, where possible, employment tribunal proceedings would be recorded, so they would be transcripts of the proceeding.

But now two years later this has proved to be a Pyrrhic victory – hence the need for a fresh letter. It has also reached an impasse with the top judges in the employment tribunal digging their heels in to prevent further change. Thus only an appeal to the Lord Chancellor can remove this obstacle.

What has happened is that where tribunals have recorded proceedings, obtaining a transcript, if a judge allows it, costs thousands of pounds, well beyond the means of most claimants.

Where there is no recording the only record of proceedings is the judge’s notes. Judges have jealously guarded releasing this to the public – but it is the only record a judge covering an appeal in the case will see.

First it took a considerable time for the judiciary to concede this was the official record – arguing it was a private and personal note. Now Barry Clarke has conceded this is an official record of the case but does not want this released to the claimant, the public or the press. This hardly fits with the image that Britain’s legal system is proud of its reputation for ” open justice.”

Alison McDermott

Alison McDermott, a whistleblower who challenged Sellafield over its toxic culture towards its employees, has drafted a letter to go to the Lord Chancellor. You can read her blog and the text of the letter here . All you have to do is text Yes to Alison if you want to sign.

Last time the strength of feeling of the need for change was very high. My blog on the campaign is here. It also lists the 317 who signed. This time Alison is not planning to publish all the names.

One-Time
Monthly
Yearly

Make a one-time donation

Make a monthly donation

Make a yearly donation

Choose an amount

£5.00
£10.00
£20.00
£5.00
£15.00
£100.00
£5.00
£15.00
£100.00

Or enter a custom amount

£

Your contribution is appreciated.

Your contribution is appreciated.

Your contribution is appreciated.

DonateDonate monthlyDonate yearly

Please donate to Westminster Confidential

£10.00

Judge quashes £10,000 costs order against rail safety whistleblower

One of Vossloh Cogifer UK Ltd biggest projects: Supplying 149 sets of points outside London Bridge Station Pic credit: Network Rail.

Nigel Midgley, a former employee with Vossloh Cognifer, a private contractor to Network Rail, who was dismissed after he reported rail safety issues to the Health and Safety Executive, today got a £10,000 costs order quashed by a judge at an Employment Appeal Tribunal.

VCUKL is a wholly owned subsidiary company of Vossloh Cogifer a French managed but German owned global company. VCUKL’s Managing Director is Mrs Wendy Anne Preston and its main customer is Network Rail.

The judge ruled that the UK based company had been wrong to with hold from an employment tribunal, part of a email sent by Edward Flanaghan, head of Gosschalks Solicitors in Hull, to Mr Midgley offering to settle the case without going to a tribunal.

Instead it left the first and last two paragraphs out of the letter, sending a redacted version to the tribunal omitting the offer but painting a nasty picture of Mr Midgeley as a failed probationary employee who was sacked but used whistleblowing complaints to explain his dismissal. It told the tribunal that these had no merit and Mr Midgley had no chance of winning his case.

Judge Martyn Barklem however ruled that the omission of the offer by the employer to settle the case changed the whole picture presented to the tribunal and would have not led to the award of costs. He also saw it as an attempt to stop a litigant in person, who was not a qualified lawyer, to abandon the case. He pointed out that no judge had decided that Mr Midgley did not have a case. The company also tried to argue that Mr Midgeley should not have disclosed the unredacted letter to the employment appeal tribunal because it was covered under legal privilege. This was rejected by the judge.

David Stephenson, Pic Credit: Doughty Chambers

Mr Midgley’s case was taken up by an advocate, David Stephenson from Doughty Chambers, whom the judge praised for his succinct presentation of the issues. The company did not employ a lawyer in person to present their case but gave a written submission. The judge revealed their non appearance was for commercial reasons as it would have cost them more than £10,000 to be represented. This highlights what is wrong with public authorities like the NHS and Sellafield which have access to unlimited sums of taxpayer’s money to pursue whistleblowers like cardiologist Usha Prasad and human resources consultant, Alison McDermott, through the tribunal system, while a commercial company would cut its losses.

More disturbing stuff about NDA’s

There is more disturbing stuff about the way lawyers from Gosschalks and the private rail company behaved in Mr Midgeley’s case. He was strongly supported by his wife, Keely Midgley, over his whistleblowing claims and treatment by the company. She sent a large volume of emails to directors of the company and posts were put up on Linked in. The company then threatened Mr Midgley with harassment proceedings unless it stopped.

But the most disturbing part of the proceedings was the COT3 agreement which the company wanted him to sign written up by their lawyers.

Among the provisions were: “The Claimant will not publish, cause, assist or knowingly permit to be published (including but not limited to by his wife) in any media whatsoever, any article or comment relating to his employment with the Respondent, or its termination, or the existence or terms of this agreement.  The Claimant will not contact by any means any customer, supplier, employee, consultant, advisor or other organisation with which the Respondent has a professional relationship in respect of any matter whatsoever.”

It also banned him from approaching the Information Commissioner or making any data subject request. ” The Claimant will not make any further Data Subject Access Request under the General Data Protection Regulations ((EU) 2016/679) (GDPR) or the Data Protection Act 2018 or other legislation and agrees that any existing or ongoing such request should be treated as withdrawn. The Claimant will not make any complaint to the Information Commissioners Office in respect of Subject Access Requests and further waives any civil claim for damages in respect of breaches of data protection legislation.”

The proposed agreement led a firm of lawyers, Marjon Law, to disagree on Mr Midgley’s behalf.

“We would contend that Mr Midgley is entitled to use all documents that were read to or by the court, or referred to, at a hearing which has been held in public. To that end, we do not believe that the draft undertaking for him is reasonable or appropriate. In any event, Mr Midgley should be able to disclose documents from the Claim for the purpose of:
(a) reporting a suspected criminal offence to the police or any law enforcement agency or cooperating with the police or any law enforcement agency regarding a criminal investigation or prosecution;
(b) doing or saying anything that is required by HMRC or a regulator, ombudsman or supervisory authority;
(c) whether required to or not, making a disclosure to, or co-operating with any investigation by, HMRC or a regulator, ombudsman or supervisory authority regarding any misconduct, wrongdoing or serious breach of regulatory requirements (including giving evidence at ahearing);
(d) complying with an order from a court or tribunal to disclose or give evidence;
(e) disclosing information to HMRC for the purposes of establishing and paying (or recouping)
tax and National Insurance liabilities arising from his employment or its termination; or
(f) making any other disclosure as required by law.”

The company’s lawyer’s disagree and said this was only guidance and could be ignored.

If I take this with moves to silence whistleblowers at Sellafield through non disclosure agreements this suggests that lawyers seem to think they can force litigants in person to shut up about matters that affect public safety whether in the NHS, Sellafield or on Network Rail.

One-Time
Monthly
Yearly

Make a one-time donation

Make a monthly donation

Make a yearly donation

Choose an amount

£5.00
£10.00
£20.00
£5.00
£15.00
£100.00
£5.00
£15.00
£100.00

Or enter a custom amount

£

Your contribution is appreciated.

Your contribution is appreciated.

Your contribution is appreciated.

DonateDonate monthlyDonate yearly

Please donate to Westminster Confidential

£10.00

Pressure for action on 50swomen pensions pay out delivered to Number Ten

Delegation at No 10. (L to R) Ioan Bellin (Senior Communications and Research Officer for Delyth Jewell MS Senedd Wales);Vivienne Porritt OBE – WomenEd;Janice Chapman (CEDAWinLAW Volunteer):Michaela Hawkins (CEDAWinLAW Volunteer) and Ian Byrne, MP.


A delegation including Liverpool Mp Ian Byrne and former Australian judge Jocelynne Scutt yesterday increased pressure on Sir Keir Starmer, to start mediation talks on behalf of all 50swomen to end the stalemate in paying out compensation and restitution to those who waited six years to get their pensions.

As well as a letter, a petition signed by 36,000 50s women called on the government to get Liz Kendall, the new works and pension secretary, to open talks to sort out this long standing issue which was neglected by both the Tories and Labour during the general election campaign.

The petition is handed in

Both Tory ministers and Labour shadow ministers kept insisting they needed more time to study the former Parliamentary Ombudsman’s report by the now knighted Sir Rob Behrens ,which found partial maladministration over communications to the 3.8 million women who faced a six year delay until they reached 66 to get a pension. He recommended up to £2,900 each to cover maladministration.

CEDAWinLAW decided this was not enough since it did not cover the past discrimination against women – who had many hurdles to prevent them qualifying for a full pension and have insisted that since the UK signed the UN Convention on Eliminating all forms of Discrimination against Women in 1986 such paltry compensation breaks international law.

Later Jocelynne Scutt, the former Australian judge whose report found discrimination against the women. made a strong speech saying it was time for a new government to open talks and settle this dispute. She did praise Rachel Reeves, the new Chancellor, for planning to implement one key CEDAW recommendation, promising to implement part of the Equality Act that would gain equal pay for women with men. She pointed out that future generations would at least earn higher pensions as a result – ending the gap in the private sector between men and women.

I also gave a short speech backing the women’s case and calling for action from the government.

Will the government listen? Probably not before the summer recess. But what this shows is that these women are not giving up and there are more MPs who want this settled. It is not going away nor should it until the women have proper compensation.

One-Time
Monthly
Yearly

Make a one-time donation

Make a monthly donation

Make a yearly donation

Choose an amount

£5.00
£10.00
£20.00
£5.00
£15.00
£100.00
£5.00
£15.00
£100.00

Or enter a custom amount

£

Your contribution is appreciated.

Your contribution is appreciated.

Your contribution is appreciated.

DonateDonate monthlyDonate yearly

Please donate to Westminster Confidential

£10.00

How Sellafield and its lawyers attempted to subvert the Freedom of Information Act to harass whistleblowers

Sellafield

A very disturbing story is emerging from Sellafield about attempts by the management and its lawyers to make whistleblowers sign away their rights to make freedom of information and subject access requests to their organisation or face large costs bills through the employment tribunal system.

This attempt – when I checked with the Information Commissioner’s Office – is outside the law as Parliament gave all UK citizens the inalienable right to make FOI requests to public authorities and subject access requests. No public sector organisation can ask a person to withdraw a subject access request or an FOI request let alone use it as bargaining chip in litigation at an employment tribunal.

Yet lawyers either through total ignorance about the FOI Act or a deliberate attempt to con whistleblowers threatened with costs into giving up their rights under British law appear to be using this as a tool to harass whistleblowers.

The misuse of FOI legislation has emerged in two whistleblower cases involving Sellafield and the Nuclear Decommissioning Authority. One is well known – the case of Alison McDermott, a human resources and diversity consultant, who has been involved in a long battle with the nuclear authorities after they attempted cover up a toxic and bullying culture.

The second which I covered recently involved the tragic case of a whistleblower who self harmed when threatened by Sellafield with costs after he withdrew a claim at an employment tribunal.

Documents from Sellafield that I have seen reveal that a legal document drawn up by their lawyers and Emma Mills, a partner with DLA Piper, an international law firm, included this demand:

“The Claimant hereby further agrees …to withdraw any and all outstanding data subject access requests and/or Freedom of Information requests.”

For good measure it added that he was “to withdraw any complaint made to the Chartered Institute of Personnel and Development (CIPD).”

The withdrawal of FOI requests is directly linked to Sellafield’s claim for £14,000 costs against him after he withdrew his claim at the tribunal. If he does the legal document reads: “The Respondent hereby confirms that it shall immediately write to the Employment Tribunal in the terms of the letter at Appendix withdrawing its outstanding application for costs against the Claimant in relation to the conduct of the Tribunal Claim.”

Luckily the whistleblower was savvy enough not to agree to sign this. As he wrote to the management:

“A COT3 [ name of the document] that limits my ability to exercise my statutory rights under the Freedom of Information Act 2000 (FOIA) and the General Data Protection Regulation (GDPR) could be considered an undue restriction.”

When I put what had happened at Sellafield to the Information Commissioner’s Office this was the response from a senior press officer: “Everyone has the right to ask an organisation for copies of the personal information held about them. As well as the right to request recorded information held by public authorities.

There is no option in data protection or freedom of information law for organisations to remove these rights for an individual, and the ICO would intervene where requests were not being handled in line with the law.

Sellafield are now saying: ” Sellafield Ltd have not breached any legal requirements, and involved ACAS as an intermediary.

“The individual is not subject to any restrictions preventing them from making an information request under either FOI or data protection legislation.”

That is correct but would not have been had the whistleblower signed the agreement.

Emma Mills; Partner at DLA Piper

I contacted Emma Mills , the partner with DLA Piper, who was paid by Sellafield, to draft the agreement directly, pointing out that she did not seem to know what the Freedom of Information Act says by drafting such a demand which appears to be outside the law. She has not responded.

Now there is another issue where the Nuclear Decommissioning Authority (NDA) lawyers have linked applications for FOI’s and subject access requests to a cost hearing against a whistleblower.

During a cost hearing against Alison McDermott two more lawyers, Jonathan Coley of Pinsent Masons and Rachael Levene, a barrister with Nine StJohn Street chambers, which accused her of being disruptive, abusive and vexatious in bringing a case against the NDA, cited FOI and DSAR requests as costing the authority a lot of expense. The accusation read to recover costs: “Submitted four Data Subject Access Requests and six Freedom of Information Requests over the last three years, the majority of which were complex and involved significant work and additional legal time and cost by the Second Respondent to answer. “

Rachel Leve KC at Nine St John Street Chambers

The £20,000 cost claim was thrown out by a judge at a recent hearing but again this claim shows total ignorance of FOI legislation.

The correct procedure if the NDA wanted to challenge the cost of the FOI requests ( it can’t charge people for subject access requests) would have been to raise the cost issue when she submitted them not tag the costs to the authority at a later hearing to intimidate the whistleblower. The NDA had granted the requests – it can’t then demand reimbursement later. Of course if it had at the time Alison would have the right of appeal right up to the Information Commissioner’s Office and knowing her determination would have had no problem in doing so.

I suspect that the behaviour of these lawyers to restrict people’s rights to use freedom of information and subject access requests could be more widespread than we know – because of the secrecy surrounding non disclosure agreements. It appears they are backed up by the Solicitor’s Regulation Authority if they do so but that is for another story.

I would make two points. If you are presented with an NDA containing such restrictions send it to the Information Commissioner’s Office before you sign it. Secondly if you have had attempts as a whistleblower to silence you by restricting your rights under this legislation let me know.

One-Time
Monthly
Yearly

Make a one-time donation

Make a monthly donation

Make a yearly donation

Choose an amount

£5.00
£10.00
£20.00
£5.00
£15.00
£100.00
£5.00
£15.00
£100.00

Or enter a custom amount

£

Your contribution is appreciated.

Your contribution is appreciated.

Your contribution is appreciated.

DonateDonate monthlyDonate yearly

Please donate to Westminster Confidential

£10.00


Warning disturbing content: Exclusive – This picture of his slashed wrist was sent by a stressed whistleblower to Sellafield bosses who then ignored his plight for 10 weeks

This picture is emblematic of the desperate straits some whistleblowers end up after they raise safety issues. They find themselves facing persecution by their bosses, horrendous costs they cannot afford for taking a case to an employment tribunal and put under extreme pressure by lawyers to sign an agreement taking away they rights to ever talk about the safety problem again and in this case lose their legal right to put in a Freedom of Information request or Subject Access Request to Sellafield for the rest of their life.

David Peattie, chief executive officer of the NDA Pic credit: gov.uk

This picture was sent as a last gasp plea to David Peattie, chief executive of the Nuclear Decommissioning Authority; Euan Hutton, chief executive of Sellafield; David Vineall, Sellafield’s group chief people officer, the Office for Nuclear Regulation and Claire Coutino, former Tory secretary of state for energy security. Only Claire Coutino expressed concern enough to want to meet the whistleblower but she was persuaded by her civil servants not to do so. We now have a new energy secretary, Ed Miliband following Labour’s landslide election victory, and I am planning to contact him to draw his attention to how whistleblowers are treated at Sellafield.

Ed Miliband, Labour’s new energy security secretary

To protect his privacy I am not naming the whistleblower after publishing such a personal and disturbing picture. But another source thought it was in the public interest to share a large file of emails and documents which reveal his correspondence and the reaction of the most senior figures inside Sellafield and the NDA.

The man involved was a loyal Sellafield employee for decades- in a potentially highly dangerous nuclear waste site where over 140 tons of plutonium is stored including from nuclear military waste warheads – and he was one of a large number of people employed to secure safety at the plant.

Some eight years ago he began to raise safety issues leading to what is said to be a highly critical issue. An email sent to the Office for Nuclear Regulation, the watchdog body, outlines his story.

After raising this at a whistleblower pre meeting in 2022 followed by a meeting with the former chief executive, Martin Chown, he suddenly found he was subject to an internal disciplinary inquiry by Sellafield based on the bogus claim that he had brought alcohol on the premises which is strictly forbidden at Sellafield. Terrified that they would try to pin this false claim on him, the employee voluntarily went to a local police station and submitted to a blood test, which revealed that he had zero alcohol in his system.

Euan Hutton, chief executive of Sellafield Pic credit: Gov uk

When he challenged this pointing out that this could be verified by the plant’s security cameras it was found that the film when he entered the plant had been “inadvertently wiped “. If this is correct, then this is terrifying lapse in security for Europe’s most dangerous nuclear site and fuels existing concerns about Sellafield being prosecuted for criminal offences for IT breaches. An inquiry under his senior manager, concluded against him and he was served with a ” final written warning.”

The then HR manager, Emily McDonnell, who claimed she saw the employee drinking alcohol on site, is notably the same individual involved in Alison McDermott’s whistleblowing case. McDonnell accused McDermott of poor performance, but her word document supporting this claim was missing. At McDermott’s ET hearing, it was revealed that McDonnell had written her complaint letter on a personal computer and “forgot to save it,” leading the ICO to rule the letter unlawful. This pattern is striking: in both cases, McDonnell made accusations with evidence that was either missing or questionable. Ms McDonnell now holds down a senior HR role at BAE systems in Barrow in Furness – I wonder if her new employers are aware of her involvement in these two key cases?

David Vineall, human resources director, Sellafield. Pic credit: gov.uk

The employee decided to go to an employment tribunal claiming detriment under the whistleblowing legislation. But after a one day preliminary hearing as a litigant in person he found it too much.– at the forefront of his mind was the also way Sellafield relentlessly pursued Ms McDermott for costs for three years, without remorse – see link here.

He told the Office for Nuclear Regulation: ” I gradually realised that I was woefully ill-equipped, both psychologically, and in terms of the necessary skills, and expertise to present and argue my case. The remorseless pressure from Sellafield Ltd was understandably taking its toll, and after a prolonged period of relentless pressure, including sustained pressure to sign a highly questionable, and restrictive COT3, ( equivalent to an upgraded non disclosure agreement) I capitulated and withdrew my Employment Tribunal claim, I could not face the prospect of facing a judge, and Sellafield Ltd.’s QC in court.”

Emma Mills, DLA Piper Pic credit: DLA Piper

So he withdrew his claim and was immediately served with a costs order for £14,000 so Sellafield could recover the costs of the hearing. The woman solicitor behind both the costs order and the non disclosure agreement was DLA Piper lawyer, Emma Mills. She is the same lawyer who assisted barrister Deshpal Panesar in the costs case against another Sellafield whistleblower, Alison McDermott. In that case, Judge Robertson dismissed all the grounds used by Sellafield and the Nuclear Decommissioning Authority against McDermott to recover costs and refused to grant any of the £20,000 claimed, stating there was no basis for Panesar’s claim that McDermott had acted dishonestly. (see link here)

The papers show how much Emma Mills was claiming. She was paid £243.14 an hour for attending the 2.6 hour hearing, £232.22 an hour for preparing the case and another £243.14 an hour for dealing with other matters connected to the case. Altogether she earned over £8600 and the whistleblower was expected to pay the bill.

Banned from making FOI and subject access requests to Sellafield

She was also behind the drafting of the highly restrictive non disclosure agreement. As well as silencing the whistleblower it demanded he withdrew a complaint he had lodged with another standards regulator, the Chartered Institute of Personnel Development about HR staff. This came after Ms. McDermott being fired after she submitted a report in 2018 highlighting serious dysfunction in the HR department, raising questions about what they are trying to hide about HR operations. Under it his right to use freedom of information and subject access reports about Sellafield was banned. I quote he was required “to withdraw any and all outstanding data subject access requests and/or Freedom of Information requests” and not pursue any further grievances.

As he said: “A COT3 that limits my ability to exercise my statutory rights under the Freedom of Information Act 2000 (FOIA) and the General Data Protection Regulation (GDPR) could be considered an undue restriction.” He also wrote to David Vineall, Chief People Officer at the NDA (Sellafield’s governing body) – how could he possibly condone the employee being told that he could not speak to his own regulator, the CIPD?

Driven to despair after reaching out to the most senior people at the NDA, including Group People Officer David Vineall, the CEO of the NDA, Peattie and the CEO of Sellafield, Euan Hutton, he was left without support. Hutton refused to intervene, claiming he could not halt the legal process for costs. On November 16 last year, following numerous emails to Hutton that highlighted his acute distress and pleaded for the withdrawal of the costs threat, he self-harmed. Hutton maintained it was a matter for the lawyers. Even after top officials and Ms. Mills saw photographic evidence of his distress, no immediate action was taken.

He said: “Following my self-harming incident, it took Sellafield Ltd nearly two and a half months to withdraw the ET court costs application order. This delay can only be seen as a deliberate attempt to exploit my vulnerability, and extract a concession. Sellafield Ltd.’s delay in withdrawing the threat of court costs unnecessarily prolonged my mental anguish, but they were not finished with me”.

He was informed this year by Manchester Employment Tribunal that Sellafield had withdrawn it costs threat.

But then he was left at home, cut off from access to Sellafield and had his enhanced sick pay withdrawn by his line manager. His manager is insisting he should have a voluntary medical check with the company to see if he is ” fit for work”. Sellafield are now saying he cannot cope and from April 24 this year he has received no money from the public company.

“My manager has now placed me on involuntary sick leave, and against my will. This action is particularly concerning as he cited extracts from my emails relating to the fact, I felt unable to cope, and inappropriately linked it to my disability as justification for placing me on sick leave.”

“My doctor has diagnosed work-related chronic stress, and is in agreement that Sellafield Ltd are responsible for my chronic medical condition. My condition now impacts every aspect of my waking life. I am already on medication to manage my condition, even so, I am constantly anxious and in a state of worry, finding it ever harder to concentrate, or sleep. The stress and anxiety are socially debilitating, and over time I have become ever more cynical, and I have largely withdrawn from friends, avoiding company and socialising.

“At times I cannot see a way forward, and feel helpless, and this feeling of dread has intensified over time. I don’t know where to turn for help, and who I can trust. I regard the constant reminders of where I can get help from Sellafield Ltd, as suspicious and disingenuous.”

In the meantime the bosses in charge of Sellafield say it is a wonderful place to work. In various YouTube videos, Euan Hutton, the chief executive and former mental health champion, espouses the importance of treating people with kindness, yet his actions towards this employee are anything but.  He says that “kindness is putting in the time to think about how different people act differently, that’s what kindness is all about”.

A spokesman for Sellafield faced with an article in The Guardian about the toxic culture there, published last December, just after this employee had self harmed said: “There is no place for bullying and harassment at Sellafield. We do not tolerate it and where we find it, we take action. If anyone has information related to employee misconduct we urge them to come forward so we can investigate.

“We’re committed to ensuring all of our employees are respected, included, and able to perform at their best.

As for the protective disclosure about nuclear safety by this employee as far as I know nothing has been done about it.

One-Time
Monthly
Yearly

Make a one-time donation

Make a monthly donation

Make a yearly donation

Choose an amount

£5.00
£10.00
£20.00
£5.00
£15.00
£100.00
£5.00
£15.00
£100.00

Or enter a custom amount

£

Your contribution is appreciated.

Your contribution is appreciated.

Your contribution is appreciated.

DonateDonate monthlyDonate yearly

Please donate to Westminster Confidential

£10.00

Who offers 50s women best deal to get your lost pension money back when you vote on Thursday

Table compiled by CEDAWinLAW

The Green Party emerge at last moment as offering one of the better deals

The need to pay 3.5 million 50swomen compensation or restitution for their delayed pensions has hardly been a keenly debated issue in this election campaign. In fact it has hardly been mentioned by the main parties.

This table above gives an idea where the parties stand on the issue and does not make good reading.

It is quite clear that whoever becomes PM on Friday – more likely Sir Keir Starmer rather than Rishi Sunak – has no liking for an early decision to pay out the money. After the Parliamentary Ombudsman ‘s report on giving guidance to compensate people up to £2900 for partial maladministration – both the Labour and Tory Party still insist they have to study his findings.

The only word from the Tories is that they will make an ” appropriate decision ” at the time. This could be anything from a low offer or complete rejection- as Department for Work and Pensions civil servants argued in a submission to the Ombudsman’s inquiry.

Labour have done a complete U turn since the 2019 general election when the the shadow chancellor John McDonnell promised £58 billion compensation. Now his successor Rachel Reeves recognises there has been an injustice but has set aside no money to pay them. There is no mention in the Labour manifesto – instead it looks like Rachel Reeves is to prioritise getting equal pay for women in work instead by implementing a clause in the Equality Act. This would meet the UK’s commitment under the UN Convention on the Elimination of All forms of Discrimination against Women (CEDAW) but ignore discrimination caused by the delay in paying out pensions to 50s women.

So voting Conservative or Labour on this issue could mean the 3.5 million women could get nothing in the next Parliament.

The Lib Dems are far too vague about their support – just saying that 50swomen should be” treated fairly and properly compensated ” – but they don’t put a price on their compensation so you have no idea what they are going to support.

Others like the Scottish National Party who were strongly critical of the last government taking no action – do put a price on their compensation – saying it should be what the Ombudsman recommended and in line with what WASPI is demanding.

Quite a number of parties make it clear they support mediation – or Alternative Dispute Resolution. These include the Scottish Party, Alba, and the Alliance Party, Sinn Fein, the SDLP and DUP – virtually all Northern Ireland parties.

Mel Stride refused any mediation

The problem with this is that Mel Stride, the outgoing work and pensions secretary, will not enter talks so no progress can be made on this front – and unfortunately CEDAWinLAW had to abandon their judicial review against him to make him. It is not known if Labour forms the next government whether it will entertain agreeing to mediation.

Plaid Cymru has been very vocal about supporting 50s women and said it would want Parliament to pay higher compensation than the Parliamentary Ombudsman recommended going up to £9950. The party has also pressed the Welsh Assembly to hold an inquiry into how 50swomen have been treated.

George Galloway’s Workers Party is backing full restitution for the 3.5 million women and Gina Miller’s True and Fair Party is supporting mediation and CEDAWinLAW. Nigel Farage’s Reform Party does not give it a mention.

Green Party has strengthened its support for 50swomen

The Green Party are the only party to strengthen its stance on 50swomen during the election campaign. The issue is not mentioned in the manifesto but it has now decided to work with CEDAWinLAW. First Adrian Ramsay, the co-leader of the party, disclosed his mum was affected and backed Waspi’s campaign to get compensation for 50swomen. Then the Green Party Women group announced it would join the ADR group demanding mediation and tweeted “GPW have joined the #ADR group in support of mediation for #50sWomen. These women need JUSTICE. No procrastination. No kicking it down the road. We join@CarolineLucas, our own Co Chair @tinalouiseUK & some of our other PPC’s who have pledged to support. #CEDAWinLAW .”

Amanda Stones from the Green Party Women’s Committee said “As the special interest group in the Green Party that advocates for Women and Girls, and campaigns against sex discrimination we are very determined to try and get this historical discrimination rectified. Many of our members are 50sWomen including some on our own committee. We are extremely pleased to have joined the ADR group and we will be calling on any newly elected Green MP to demand justice for these women from whoever forms the next government. This ongoing discrimination must end.”

Another Green Parliamentary candidate Nataly Anderson, standing in Woking, announced on X she was backing CEDAWinLAW.

So who do you vote for? I am not telling you how you should vote but it seems obvious that a vote for the two biggest parties is unlikely to further your cause. So it will depend on the constituency. A vote for the Greens would help your cause in places like Brighton Pavilion ( Caroline Lucas’s old seat) Bristol Central, Waveney in Norfolk and North Herefordshire where the party stands a chance of winning and means you would have a voice for your cause to put pressure on the government.

In Northern Ireland any of the parties could further your cause, though Sinn Fein never take their seats in the UK Parliament. In Scotland a vote for the SNP or Alba would keep the issue alive while Plaid Cymru in Wales are taking a much stronger line than Labour.

Given there are 3.5 million women who have the vote the decision they take could influence the result of the election. The tricky decision in most of England would be balancing whether you wanted to get rid of the Conservatives at all costs which means voting for either Labour or the Liberal Democrats but that would depend on how strongly you feel on other issues.

One-Time
Monthly
Yearly

Make a one-time donation

Make a monthly donation

Make a yearly donation

Choose an amount

£5.00
£10.00
£20.00
£5.00
£15.00
£100.00
£5.00
£15.00
£100.00

Or enter a custom amount

£

Your contribution is appreciated.

Your contribution is appreciated.

Your contribution is appreciated.

DonateDonate monthlyDonate yearly

Please donate to Westminster Confidential

£10.00