Lack of integrity at an Employment Tribunal update
Continued from Linkedin:
If aggrieved employees take on a company and win, it will have a negative effect on the reputation of the business, not to mention a potentially crippling financial cost. So, the strong advice would be to take any claim seriously; seek the best legal advice, prepare properly for the tribunal and most importantly, stick to the truth. The case of Mr M D Black v Alain Charles Publishing provides a timely warning for companies preparing for an employment tribunal.
The judgement was made public on the 22nd ofJune 2022 and the award made public on the 9th of September. A unanimous judgement so scathing and deliberate that the respondent and witnesses were branded, dishonest, unreliable, not credible, condescending, improbable and fantasists willing to try to change the narrative to suit their own purpose.
At a tribunal, the first thing to remember is that you will be giving evidence under oath. If you are found to have lied it is perjury. Another form of lying is presenting faked or altered documentary evidence.
Alain Charles Publishing Ltd. was represented throughout the tribunal by Managing Director, Nick Fordham. In fact, it was Fordham’s own words that did much of the damage to himself and the company. Astonishingly, when it was put to him by Mr Black’s Council that he was making things up as he went along, he replied, ‘Yes I am a bit’.
The Tribunal found that documents relating to conversations between Mr Black and Alain Charles HR representative, Nicola Orr, had been deliberately fabricated. This was proven beyond all doubt when Mr Black’s Council produced transcript of the actual conversation, which spotlighted the deception.
Here is the transcribe taken from a recording of the actual conversation, which Nicola Orr manipulated and lied about to the tribunal court in order to present Mr Black in a bad light. Transcript of telephone conversation between NO & MDB__?? dated 27 August 2020 cop
This, along with spurious notes, records that had, ‘been destroyed in an office move’, mishandling of a privileged report and the continual demeaning of Mr Black’s character to current and former employees, were found to be an attempt to discredit him and paint him as the aggressor rather than the victim.
Nick Fordham submitted “complaints” made about Mr Black that never existed, suddenly disappeared when challenged and were not found in any personnel file. Claiming that Mr Black had fabricated call logs which Fordham himself had taken from his own system and submitted into disclosure is simply baffling.
It was unanimously found that Mr Black was a legitimate whistle blower who had provided irrefutable proof of endemic wrongdoing and abuse throughout the company.
This turned out not to be the “slam dunk victory” Nick Fordham claimed it would be. Tribunal judges are not happy when presented with a litany of lies and falsehoods and Alain Charles Publishing was ordered to pay in excess of £178,000 to Mr Black. The large size of the award reflecting the seriousness of the treatment toward him.
Fordham and his HR witness Nicola Orr were caught attempting to deceive a legal tribunal by concocting a story that fell apart under examination. They both blamed each other. Had this been Criminal court the repercussions for them both would have been severe.
According to employees still working at the company, Fordham remarkably continues to accept no responsibility and shows no remorse or contrition. It appears he still believes he is the only competent person in the company and everyone else is either incompetent or stupid. Worse, there are claims that staff are still being bullied, threatened, and intimidated.
Abuse in the workplace affect some worse than others but no one should have to tolerate abuse, bullying, sexual harassment or threats and intimidation. The judgement should be a warning that holding the position of director does not give a free pass to say what you want about others and act against them with impunity. Employees suffering under this sort of behaviour should not hesitate to contact a solicitor.
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