February 2xxx

Dear Mr Xxxxxxx,

Thank you for your First Stage Formal Decision document dated February 2xxx which I received by Recorded Delivery on February 2xxx.  I remain aggrieved and am contacting you to inform you of the reasons why, and to notify that I want to progress to the appeal stage of the procedure, as outlined in Paragraphs x.x to x.x.  The following are my reasons for appeal:

Given the history and circumstances of the Dignity at Work and grievance issues, I regard your decision as inappropriate, intimidating, threatening and disagreeable on a personal level.  I feel you have failed to address the issues and missed the following clear opportunities:

1. to intervene and clearly identify (to me) those found guilty of engaging in unacceptable behaviour or breach of policy/procedure
2. to call a halt to a succession of poor decisions and re-focus on positively addressing the multiple management failings and missed opportunities
3. to initiate and engage in healthy and constructive dialogue, backed by the established evidential findings of the external investigation – an approach which has until now remained out of reach

Under the guise of stripping away detail, your decision has obscured, misrepresented, inadequately considered, or ignored the serious issues submitted at the February meeting.  Your decision has also paid no heed to my health issues and shows little awareness of HSE guidance for Directors on the key concepts of stress management. This amounts to tacit approval for managers to continue to fail to act upon causal factors of stress when highlighted.  In resorting to the threat of disciplinary action / performance management against me, your decision risks a further foreseeable deterioration in my mental health, the whole process collapsing in abject failure, and raises the spectre of my ultimate dismissal. 

It is my contention that throughout these events, despite the grinding process and the strain I’ve been subjected to, I have been honest, forthright and have co-operated with management at every stage.  My performance throughout has been to standard, with no formal record of poor performance and I have met my obligations as an employee in full, by reporting inappropriate, unacceptable or dishonest behaviour as and when it has arisen.

I regard this high-level decision as mystifying in the extreme because in the absence of any hard evidence, it presents a case built on subjective opinions, flawed perceptions, falsehoods and personal innuendo.  Lack of rigour and due diligence on your part (e.g. pre-empting the outcome of a future official investigation) has compounded the problems, damaging my confidence in management’s ability and willingness to put things right.  

Despite my enquiry over Xxxxx Xxxx’s August decision, seeking basic clarification and the identity of the employee(s) found to have ‘behaved unacceptably’, the position remains unclear and Xxxxx Xxxx’s justifying statement of October 2xxx remains unexplained.  The reference to Xxxx Xxxxxx not being ‘the person against whom the initial complaint was made’ prolongs the confusion.  If my position on Xxxxx Xxxx’s decision did ‘constitute an appeal’ as you put it, I wouldn’t know what I am appealing against.

Finally, your decision was based upon an inaccurate copy of the transcript (corrected copy attached).  Some of the errors are significant and material to the decision.  I look forward to receiving your response and further advice,

Yours sincerely,

Paul Cardin

More to follow...