Tuesday

The Questions

After 48 days, the Stirling University finally provided answers to my questions; or at least some of them.

UPDATE: 48 days and counting... It's now 11:50 on 20 December 2011, and I still don't have answers. Come on Stirling University. I know that my readers want to see your answers. What are you hiding from us?

On Wednesday 2 November 2011, I requested additional information from Stirling University in the form of answers to simple questions to a number of employees. I require this information ahead of the forthcoming employment tribunal. I've not had any response to my questions, so I'm publishing them here to let the public see what they are hiding.

If the university loses this tribunal case, it will be the third in a row that the corrupt management has lost since 2009. I believe the general ruling for three in a row is that I am allowed to keep Stirling University Management for my trophy cabinet.

I'm particularly keen to see how Eileen Schofield responds to my questions about the fraudulent document. Maybe that's what's causing the delay. Come on Eileen! How did you manage to see into the future? I'm desperate to find out how you do it.

Kevin Clarke - University Secretary
1 Is it your assertion that the conjoined grievances between Mrs McCabe and me were handled honestly?

2 Is it your assertion that you handled my appeal honestly?

Selina Gibb - System Assistant
1 Was the statement you gave to Investigating Officers Gail Miller and Graham Millar on 21 April 2010 true or false?

2 If false, would you please state the names of all members of staff who encouraged you to make a false statement. Specifically, please state whether or not each of the following people encouraged you to make that false statement: Kevin Clarke, Mark Toole, Kathy McCabe, Eileen MacDonald, Una Forsyth, Jackie O’Neil, Karen Stark, Eric Hall, Graham Millar, Gail Miller, Christine Hallett, Martin McCrindle, Karen Eccleson, David Black.

3 Did you conspire in any way with anyone else that made statements in April 2010? If so, who were they?

4 I refer to the audio recording referred to in Document C2 (Transcript of File 1). Do you accept that the transcript is accurate and that the voices on the recording belong to those named in the transcript?

5 If your statement is true, would you please confirm that this recording took place during a period in which you described yourself as being nervous around me, and in which I made you anxious.

6 Do you believe that you sound nervous and anxious in this recording? If so, please explain why you interrupted my work conversation with Mrs Forsyth to joke about my shoes while you were nervous and anxious.

7 If not, then please explain how this appears to be inconsistent with your statement.

8 Isn’t it true, that the last time we were together; we were laughing and joking about your skiing lessons?

9 Please explain how, from laughing and joking with me, you then made a formal statement in which you said that you were nervous around me and that I made you anxious, without there being any contact between us.


Una Forsyth - System Assistant
1 Was the statement you gave to Investigating Officers Gail Miller and Graham Millar on 13 April 2010 true or false?

2 If false, would you please state the names of all members of staff who encouraged you to make a false statement. Specifically, please state whether or not each of the following people encouraged you to make that false statement: Kevin Clarke, Mark Toole, Kathy McCabe, Eileen MacDonald, Selina Gibb, Jackie O’Neil, Karen Stark, Eric Hall, Graham Millar, Gail Miller, Christine Hallett, Martin McCrindle, Karen Eccleson, David Black.

3 Did you conspire in any way with anyone else that made statements in April 2010? If so, who were they?

4 I refer to the audio recording referred to in Document C2 (Transcript of File 1). Do you accept that the transcript is accurate and that the voices on the recording belong to those named in the transcript?

5 If your statement is true, would you please confirm that this recording took place during a period in which you described me as someone who only got on well with two of the women in the team, neither of whom were yourself or Mrs Gibb.

6 Please give approximate dates when you:
Separated from your husband, Harry.
Moved out of the marital home in Bannockburn.
Began your relationship with a man called Ricky from Edinburgh.
Relocated to Bo’ness
Ended your relationship with Ricky
Married for any second time.

Jackie O'Neil - Programmer Analyst
1 Was the statement you gave to Investigating Officers Gail Miller and Graham Millar on 21 April 2010 true or false?

2 If false, would you please state the names of all members of staff who encouraged you to make a false statement. Specifically, please state whether or not each of the following people encouraged you to make that false statement: Kevin Clarke, Mark Toole, Kathy McCabe, Eileen MacDonald, Una Forsyth, Selina Gibb, Karen Stark, Eric Hall, Graham Millar, Gail Miller, Christine Hallett, Martin McCrindle, Karen Eccleson, David Black.

3 Did you conspire in any way with anyone else that made statements in April 2010? If so, who were they?

4 In your statement, section 4, you refer to an incident that took place on 10 March 2010 which was witnessed by Mr David Black. Mr Toole was arranging a meeting for you and me to discuss this incident. He said that you declined that meeting. Is that true, and if so why?

5 Has any university employee asked you to show them the upgrade instructions that Tribal supplied for the upgrade you performed on 10 March 2010? If so please state their names.


Eileen MacDonald - Senior Programmer Analyst
1 Was the statement you gave to Investigating Officers Gail Miller and Graham Millar on 19 April 2010 true or false?

2 If false, would you please state the names of all members of staff who encouraged you to make a false statement. Specifically, please state whether or not each of the following people encouraged you to make that false statement: Kevin Clarke, Mark Toole, Kathy McCabe, Jackie O’Neil, Una Forsyth, Selina Gibb, Karen Stark, Eric Hall, Graham Millar, Gail Miller, Christine Hallett, Martin McCrindle, Karen Eccleson, David Black.

3 Did you conspire in any way with anyone else that made statements in April 2010? If so, who were they?


David Black - Database Administrator
1 I refer to the audio recording referred to in Document C2 (Transcript of File 2). Do you accept that the transcript is accurate and that the voices on the recording belong to those named in the transcript?

2 The transcript states that I described an incident to Mrs McCabe that occurred the previous week, in which “Jackie got angry and started shouting again and slamming down her pen on her desk.” Do you accept that I was referring to Mrs Jackie O’Neil, and that this was an incident which you witnessed from just a few feet away?

3 Were you interviewed by Graham Millar and Gail Miller about this incident, as part of the disciplinary procedure?

4 Have you ever been asked by any member of staff about this incident? If so, by whom, and approximately when?

5 Do you accept that you confirmed to Mrs Ruth W during a telephone conversation, that Mrs O’Neil had shouted angrily at me?

6 Were you aware that Mrs O’Neil gave a different version of this incident? If so, what, if anything, did you do about it?

7 When you were interviewed by Karen Stark and Eileen Schofield on 12 March, you were asked if you had ever witnessed any of the ISD staff being disrespectful to me. Why did you not mention the incident you had witnessed at close quarters just two days earlier on 10 March 2010, involving Mrs O’Neil?

8 Did anyone discourage you from mentioning that incident and other similar incidents that you had witnessed? If so, who? Specifically, did Eric Hall coach or advise you on what you should and should not say at that interview?

9 Were you frightened that if you told the truth, Mrs McCabe would have victimised you?

10 Are you afraid that Mrs McCabe will victimise you if you answer these questions or any questions you are asked at the tribunal hearing honestly?

11 On 25 March 2010, when you checked and signed your statement, did you not then remember the incident with Mrs O’Neil on 10 March 2010, having discussed it again on 18 March with me and Mrs McCabe (as well as with me privately)?

12 How many colleagues would you estimate were in the room when Mrs O’Neil screamed at me and slammed her hand on her desk in anger?

13 The outcome of my formal grievance against Mrs McCabe was that every allegation of bullying and sex discrimination I made was rejected. From your own knowledge, do you believe that a genuine grievance procedure could have produced that outcome?

14 The outcome of Mrs McCabe’s formal grievance against me was that I was found to have bullied Mrs McCabe over a number of years. From your own knowledge, do you believe that a genuine grievance procedure could have produced that outcome?


Kathy McCabe - Team Manager
1 I refer to the grievance you lodged against me, dated 5 February 2010. Was this a genuine grievance or a vexatious grievance? If vexatious, did anyone encourage you to lodge it? Specifically, please state whether or not each of the following people encouraged you to make that vexatious grievance: Kevin Clarke, Mark Toole, Eileen MacDonald, Karen Stark, Eric Hall, Christine Hallett, Martin McCrindle, Eileen Schofield, Liam McCabe, Colin Sinclair, David Gardiner.

2 I refer to the audio recording referred to in Document C2 (Transcript of File 2). Do you accept that the transcript is accurate and that the voices on the recording belong to those named in the transcript?

3 The transcript states that I described an incident to you that occurred the previous week, in which “Jackie got angry and started shouting again and slamming down her pen on her desk.” Do you accept that I was referring to Mrs Jackie O’Neil?

4 Do you accept that you did not sound particularly surprised to hear that one of your senior members of staff, whom you had managed since 1998, had behaved in this manner towards me? Do you accept that my use of the word “again” infers that this was not the first time Mrs O’Neil had behaved in this manner towards me, and that you had been aware of similar bullying incidents involving Mrs O’Neil?

5 Do you accept that you never took any disciplinary action in response to this type of behaviour by Mrs O’Neil or any other female team members who abused me? If you have, please supply all documentary evidence of this.

6 Do you accept that I had previously informed you of such behaviour, and that your response to me was “I’m not interested”?

7 Do you accept that you later confirmed, in the presence of several witnesses, including Mr Toole and Mr David Edgar, that you were not interested in such matters?

8 Do you now accept that, in accordance with university policy, you should have been interested, and that you should have taken action to protect me from such bullying behaviour?

9 Please state the reason why you did not protect me from such behaviour.

10 Please give the name of any woman whom you did not protect from bullying behaviour by colleagues. Please provide all documentary evidence of this.

11 Would you confirm that you were aware that I had been physically assaulted by a female colleague, yet you took no action? And that the reason you gave for taking no action was that you were not present at the time of the incident?


Eileen Schofield - Deputy Secretary
1 Were the grievances from me and Mrs McCabe handled completely and genuinely, or were they handled dishonestly?

2 If they were handled dishonestly, please state who encouraged you to do that. Specifically, please state whether or not each of the following people encouraged you to act in that way: Kevin Clarke, Mark Toole, Kathy McCabe, Karen Stark, Christine Hallett, Martin McCrindle, Liam McCabe.

3 If you handled the grievances honestly, then I refer you to the document C3, and in particular to item [1] our useless DBA. It states that to investigate this item, you referred to Mr Flockhart’s statement. Please explain why you referred to that statement which appears to bear no relationship to the item in question.

4 Is it your assertion that it is simply a coincidence that Mr Flockhart contacted Miss Stark in April 2010, and provided information about this allegation long after your investigation ended?

5 Miss Stark gave evidence stating that she mistakenly recorded in document C3 that Mr Flockhart’s statement included information that did not exist at the time of your decision. Is it your assertion that it was just a coincidence?

6 Document C3 states that the facts that led to the decision on this allegation were the contents of Mr Fockhart’s statement. But the contents of his statement do not include those stated. Miss Stark gave evidence that this was recorded in error. Is it your assertion that that was simply a clerical error on the part of Miss Stark?

7 When Mr Flockhart was asked questions as part of your investigation, why was he not asked about this allegation?

8 Why did you decide to ask nobody else about this allegation, other than Mrs O’Neil?

9 Why did you not ask Mrs McCabe about this allegation?

10 Did you not understand that my allegation was made against Mrs McCabe?

11 Do you consider that a fair and thorough investigation was carried out on this allegation?

12 On the basis of what facts did you decide that my allegation should be rejected?

13 Your report on the grievance hearing states in section 5. “the intention was to enable both parties to present their cases”. Section 7 states “AG was asked to present his case”. Document C3, which was produced in response to my questions, states that only a summary was requested. Please explain the apparent inconsistency.

14 It is my firm belief that document C3 is a fraudulently created document intended to fool the tribunal that a proper investigation took place. How do you respond to my suggestion?


Eric Hall - Project Manager
1 Please state the names of the members of the interview panel that interviewed you for your job at Stirling University.

2 Isn’t it true that Mrs Law was at that time married to Mr David Gardiner who had been a very close friend of yours since childhood?

3 Do you not think that it would have been appropriate for an alternative panel member to have replaced Mrs Law?

4 Isn’t Mrs McCabe also a very close friend of Mrs Law and Mr Gardiner?

5 Would you agree that your friendships with these parties meant that you received favourable treatment from Mrs McCabe? For example, wouldn’t you agree that you were allocated substantially more from the staff development fund than I was?

6 In the statement you gave for the grievance interview, you stated that Mrs McCabe had an excellent way of managing the team. How do you reconcile this with other statements you made? For example didn’t you tell me that feedback that Mrs McCabe received from four team members was the worst that any manager had ever received from the training course she was attending at the time? Didn’t you say that while other managers received scores of 7s and 8s, Mrs McCabe received 2s and 3s?

7 Isn’t it also true that you were one of those four team members?

8 Isn’t it true that when Mrs McCabe was informed of her scores, she spoke to all four team members and told them that they hadn’t understood the questions properly and that some felt intimidated by this?

9 Isn’t it true that when the team members were asked to provide further feedback, you openly admitted that you had lied and that you had awarded Mrs McCabe better feedback than she had deserved, and that you said you did this “for a quiet life”?

10 Isn’t it true that you also lied at your grievance interview? If true, please give the names of all employees who encouraged you to lie. Specifically please state whether each of the following employees encouraged you to lie: Kathy McCabe, Karen Stark, Kevin Clarke, Christine Hallett, Mark Toole, Eileen MacDonald, David Gardiner, Liam McCabe, Colin Sinclair.

11 Also in your statement you said that you felt I had a “problem with women” and that I had trouble with most of the women in the ISD team. Isn’t it true that you made these comments knowing them to be false and in order to support Mrs McCabe from whom you received favourable treatment?

12 Isn’t it true that you stated openly that your Framework score had been produced fraudulently and that you often used abusive language to describe the process?

13 Isn’t it true that when referring to Mrs McCabe you openly stated “I hate the fucking bitch”?

Mr Graham Millar and Mrs Gail Miller

1 Was the disciplinary investigation you carried out in April 2010 genuine, or was it a sham?

2 If it was a sham:
Who instructed you to carry out a sham investigation?
Please give names of all employees who were aware that it was a sham. Specifically, please state whether or not these people were aware: Kevin Clarke, Mark Toole, Graham Millar/Gail Miller, Karen Stark, Martin McCrindle, Eileen Schofield, Christine Hallett, Kathy McCabe, Eileen MacDonald, Una Forsyth, Jackie O’Neil, Selina Gibb.

3 Did you object to being asked to carry out a sham investigation? If so, please provide any written evidence.

4 Please give the date that you first became aware that it was a sham. Please describe how you became aware.

5 If it was genuine:
Didn’t it occur to you that it wasn’t being carried out very professionally, and that it could easily be suspected of being a sham?

6 Wasn’t it obvious that the interviewees were lying?

7 Did you at no point suspect that there had been any conspiracy by the interviewees?

8 The disciplinary procedure states that the investigators are to gather facts. Can you please state three examples from the investigators’ report that you believe are facts.

9 The disciplinary procedure states that the investigators are not to come to conclusions. Please state why you included conclusions in your report.

10 Before beginning your investigation, did you read the disciplinary procedure?

11 On 21 April 2010, you interviewed Mrs Jackie O’Neil. In section 4, she describes an incident, which I also described in section 10. The two versions are significantly different, but the glaringly common ground is that we both said that Mr David Black was involved and witnessed the incident. I suggest to you that any investigator genuinely seeking the facts could not possibly have considered it to be thorough to avoid interviewing Mr Black. How would you respond to that suggestion?

12 In section 9 of your report, you describe, in your findings, an alleged conversation between me and Mrs Selina Gibb. Do you not think it would have been useful to have asked me if any such conversation took place before you referred to it in your conclusions?


Professor Christine Hallett - Former Principal
1 I refer to the email I sent you on 9 February 2010. Is it your assertion that you handled my email to you properly?

2 Please describe the actions you took to ensure that my grievance would be handled properly, and that matters relating to bullying, sex discrimination and behaviour likely to be hazardous to employee health were taken seriously.

3 Did you suggest to any other employee that it would be best to carry out a sham grievance procedure to cover up Mrs McCabe’s behaviour? If so, please state their names.

Dr Peter Kemp - Former Director of Information Services
1 When you were interviewed by Mrs Schofield and Karen Stark as part of the grievance process, was your statement true or false?

2 If false, please state why you made that false statement and give the names of the people who recommended you to make a false statement.

Professor Gerry McCormac - Principal and Vice Chancellor
1 I refer you to the university grievance procedure which states that an employee may raise grievances within three months of leaving. I lodged a number of grievances with you in September 2010. Please state why you did not action those grievances, and the names of all employees who encouraged you not to action them.

2 I have alleged that the University of Stirling has committed fraud in defending the claim I lodged with the Employment Tribunal. Have you investigated that allegation? If so, what were your findings? If not, do you intend to investigate my allegation?

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