[Kevin Clarke, Kepphill, Arnprior, By Kippen, FK8 3EW]
Kevin Clarke chaired the hearing for my appeal against Eileen Schofield's decision not to uphold my grievance, but to uphold Kathy McCabe's grievance.
Kevin always seemed like an amiable bloke to me. Although he didn't know who I was, he would always say hello with a smile on passing. Unknown to himself, he referred to me once about ten years ago at a celebration just after the SAP system was implemented for Human Resources. In his speech he commended the project team for its efforts, and said that one employee had even worked until 4:30 in the morning. I was that employee.
However, at union meetings, several members had expressed their strong concerns about him. Many regarded him as the main source of the university's problems. I recall at one meeting that someone called for his head on a plate.
My union rep was fairly confident that Eileen Schofield's decision would have to be overturned. The procedure was so flawed in his view. My view was that it was far too flawed for there to have been any possibility that it had been an honest decision. Eileen Schofield was a fairly new employee having come from Aberdeen University, and the few people I knew who had any contact with her had all been impressed by her. Any intelligent person couldn't possibly have come to the decision that she did with the facts available to her.
I'd also attended meetings where Mark Toole had witnessed Kathy bullying me, and he simply refused to acknowledge it. I suspected that Kevin Clarke would also pretend that Kathy wasn't a bully, and uphold Eileen's decision. I just didn't know how he could do it while appearing professional.
Eileen Schofield's report was deliberately misleading. It falsely implies that all of the witnesses considered Kathy to be a wonderful manager. Eileen had not intended for me to have seen the witness statements. Nor had she intended for me to see the transcript for Kathy's hearing. Eileen had denied me any opportunity to respond to the statements. Therefore she wasn't interested in any evidence I may have that would have refuted any false statements. I had pointed to examples where Kathy had lied at her hearing and in her grievance letter on matters that Eileen could easily have checked out. Eileen's report said that Kathy had pointed to documentation to support her allegations and to refute mine. She couldn't have, and hadn't. Eileen hadn't even put my allegations to Kathy. Many of the questions she asked witnesses were irrelevant, and she failed to ask a witness, who had seen me being ill treated, anything about it. I had even given the name of a current employee who had witnessed me being abused, but she avoided interviewing that person. She also deliberately avoided interviewing another witness who would have confirmed Kathy's dishonesty. Documents I had submitted that showed irrefutable proof of Kathy's dishonesty were just ignored. The whole process was dishonest.
The university's Grievance Procedure states that I sbould be allowed an opportunity to state my case. Eileen Schofield only offered me an opportunity to state a brief summary of my case, but in her report she said that I was asked to present my case. The Grievance Procedure also states that the chair of the hearing will decide on the outcome based on the facts of the case made available to them. However, Eileen ignored all of the facts I submitted, and falsely claimed that Kathy had been able to point to documents that refuted my allegations and supported her own.
Kevin Clarke just ignored all of this and said I can find no evidence of procedural flaw as asserted as the grounds of your appeal.
Legal Action Imminent?
Stirling Uni guilty of fraud.