Please Explain
Member
Hello forum,
I worked for a TOC for a number of years until I was summarily dismissed after "refusing a for cause medi-screen", I write this in inverted commas as I KNOW that no medi-screen actually happened on the day in question and the sacking was a complete stich-up by management to get rid of me as I had a grievance against one of their own.
My question is; after being "summarily dismissed" for said "offence" would the TOC's HR department / OH share my "failed" med screen result with the rest of the industry, other TOC's, FOC's, NR, RAIB, OPC etc? Or would I be correct in thinking that that would be in fact illegal under data protection legislation?
A bit of background to get some better understanding of the situation, here's my story..:
I worked for this TOC and its predecessor before the franchise changed for more than four years in a number of different SC and non-SC roles.
I ended up on long term sick leave for almost one year due to work related stress, anxiety and depression that was caused by daily bullying, intimidation and harassment by a member of management whom I and a number of my colleagues would later take out a grievance against which ultimately resulted in a bogus med screen (that actually did not even take place) one week after I finally returned to work at a new depot on non-SC light duties.
During the course of a meeting with the manager of this new depot (who just happened to be on very friendly terms with the manager I had taken out the grievance against at my previous depot) I was assaulted and prevented from leaving the office and malicious false allegations later emerged of a sexual assault and that I had smashed the office window to escape.. All of this was a complete fabrication.
I was later told to expect a visit at home from BTP but this never happened.
I was then suspended while an investigation took place, this investigation was a complete whitewash which ultimately ruled that I had wilfully refused point-blank to take any medi-screen despite not even being told about it (I was called by another manager some hours after the meeting that day and told I was suspended under investigation and told not to return for duty the next day).
I should add that during my suspension I did a number of stupid things, which looking back I'm now not proud of.
Whilst upset and angry at being betrayed by the railway, I very stupidly called up one of the managers involved and threatened to bomb a mess room and fired off a number of really silly emails to HR which I know did not help things one bit and only made my situation worse
I was of course summarily dismissed for all of this and they were laughing and rubbing their hands with glee at the end..
As you can imagine, RMT dropped me like it was too hot at this point and no one would touch it or agree to rep me for a "pointless appeal" let alone take a shot at the employment tribunal as I "had no legs to stand on".
My rep who stood by and thought my corner throughout all of my tribulations with them right up until the end found himself suspended (conveniently right before my disciplinary hearing and told he'd "be arrested by BTP if [he] came anywhere near the depot", -they just loved to threaten with BTP all the time) on similar bogus charges made by the same manager and was also summarily dismissed himself few months later.
He is now trying to fight them in the courts independently.
This manager even goaded one of his staff to "do the world a favour" and throw himself in front of a train...
I was also arrested during this time for a separate offence and released on bail, but due to the stress of the situation I forgot about it and did not attend the court case, so a warrant was issued for my arrest. I also got evicted from my home shortly thereafter after getting into a lot of debt when I lost my job.
I left the country during this time and have only recently returned in the new year, when I did I found myself in new battle, as I was arrested on arrival under the Terrorism act 2000.
I was charged with several offences under this legislation and remanded in custody for several days, before being taken to the court to stand trial for the previous offence that I did not turn up for. This charge was later dismissed by the prosecutor and the judge and I was then told I was free to go and told everything had been dropped.
I took this literally, thinking that they really meant EVERYTHING had been dropped, including the terrorism offences, but I later found out when the lawyer called a few weeks later that I WAS supposed to come to another court for the terrorism trial after all.
I think another warrant may have now been issued for my arrest.
So what I am trying to ask here is for some honest and frank advice as to whether I will ever have any possible chance of ever being able to work for the railway again in this country after this whole saga?
This whole experience has damaged me psychologically, I know that I am currently in no fit state to work again at this moment in time, but I am talking about in the future, if I ever manage to recover from this ordeal. The railway was all I ever wanted to do in this life, there was a time when I used to enjoy my work and was proud to be a part of something.
I miss that time bad.
Or should I instead try to focus on coming to terms with the fact that I am now FINISHED and try to mentally prepare myself for spending the rest of my life in jail??
All advice most welcome, (serious answers only though please).
Thank you in advance.
Yes, I do know that I am my own worst enemy...
I worked for a TOC for a number of years until I was summarily dismissed after "refusing a for cause medi-screen", I write this in inverted commas as I KNOW that no medi-screen actually happened on the day in question and the sacking was a complete stich-up by management to get rid of me as I had a grievance against one of their own.
My question is; after being "summarily dismissed" for said "offence" would the TOC's HR department / OH share my "failed" med screen result with the rest of the industry, other TOC's, FOC's, NR, RAIB, OPC etc? Or would I be correct in thinking that that would be in fact illegal under data protection legislation?
A bit of background to get some better understanding of the situation, here's my story..:
I worked for this TOC and its predecessor before the franchise changed for more than four years in a number of different SC and non-SC roles.
I ended up on long term sick leave for almost one year due to work related stress, anxiety and depression that was caused by daily bullying, intimidation and harassment by a member of management whom I and a number of my colleagues would later take out a grievance against which ultimately resulted in a bogus med screen (that actually did not even take place) one week after I finally returned to work at a new depot on non-SC light duties.
During the course of a meeting with the manager of this new depot (who just happened to be on very friendly terms with the manager I had taken out the grievance against at my previous depot) I was assaulted and prevented from leaving the office and malicious false allegations later emerged of a sexual assault and that I had smashed the office window to escape.. All of this was a complete fabrication.
I was later told to expect a visit at home from BTP but this never happened.
I was then suspended while an investigation took place, this investigation was a complete whitewash which ultimately ruled that I had wilfully refused point-blank to take any medi-screen despite not even being told about it (I was called by another manager some hours after the meeting that day and told I was suspended under investigation and told not to return for duty the next day).
I should add that during my suspension I did a number of stupid things, which looking back I'm now not proud of.
Whilst upset and angry at being betrayed by the railway, I very stupidly called up one of the managers involved and threatened to bomb a mess room and fired off a number of really silly emails to HR which I know did not help things one bit and only made my situation worse
I was of course summarily dismissed for all of this and they were laughing and rubbing their hands with glee at the end..
As you can imagine, RMT dropped me like it was too hot at this point and no one would touch it or agree to rep me for a "pointless appeal" let alone take a shot at the employment tribunal as I "had no legs to stand on".
My rep who stood by and thought my corner throughout all of my tribulations with them right up until the end found himself suspended (conveniently right before my disciplinary hearing and told he'd "be arrested by BTP if [he] came anywhere near the depot", -they just loved to threaten with BTP all the time) on similar bogus charges made by the same manager and was also summarily dismissed himself few months later.
He is now trying to fight them in the courts independently.
This manager even goaded one of his staff to "do the world a favour" and throw himself in front of a train...
I was also arrested during this time for a separate offence and released on bail, but due to the stress of the situation I forgot about it and did not attend the court case, so a warrant was issued for my arrest. I also got evicted from my home shortly thereafter after getting into a lot of debt when I lost my job.
I left the country during this time and have only recently returned in the new year, when I did I found myself in new battle, as I was arrested on arrival under the Terrorism act 2000.
I was charged with several offences under this legislation and remanded in custody for several days, before being taken to the court to stand trial for the previous offence that I did not turn up for. This charge was later dismissed by the prosecutor and the judge and I was then told I was free to go and told everything had been dropped.
I took this literally, thinking that they really meant EVERYTHING had been dropped, including the terrorism offences, but I later found out when the lawyer called a few weeks later that I WAS supposed to come to another court for the terrorism trial after all.
I think another warrant may have now been issued for my arrest.
So what I am trying to ask here is for some honest and frank advice as to whether I will ever have any possible chance of ever being able to work for the railway again in this country after this whole saga?
This whole experience has damaged me psychologically, I know that I am currently in no fit state to work again at this moment in time, but I am talking about in the future, if I ever manage to recover from this ordeal. The railway was all I ever wanted to do in this life, there was a time when I used to enjoy my work and was proud to be a part of something.
I miss that time bad.
Or should I instead try to focus on coming to terms with the fact that I am now FINISHED and try to mentally prepare myself for spending the rest of my life in jail??
All advice most welcome, (serious answers only though please).
Thank you in advance.
Yes, I do know that I am my own worst enemy...
