CANCER RESEARCH & PANDORA'S BOX

Heu, contra principia negantem non est disputandum.

4. DATA PROTECTION & HUMAN RIGHTS

[Cancer Research UK's document entitled Performance & Development Review — FSM Form — 2008-2009 states: "Our Core Values are: • Integrity — We have integrity. We approach everything we do with honesty and trust. • Excellence — We aim for excellence in both what we do and the way we do it."]


Autumn 2006. (Recently appointed) Shop Manager (Ms. Amy Logan) fails to implement the requirements of the Data Protection Act 1998 ("the Act"); specifically: by failing to secure any personal data of past or present employees, of past or present volunteers (including, and in particular, legal minors), or of innumerable past customers; and by failing to destroy unnecessary personal data.

{Principle 5 of the Data Protection Act 1998 requires that: "Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes."

Principle 7 of the Data Protection Act 1998 requires that: "Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data."}

Autumn-Winter 2006. (Former) Area Manager (Ms. Sarah Walker) fails to notice, during several formal and informal shop visits [see FSR no. 41822 et seq.], that the Shop Manager is completely failing to implement the Act.

5th July 2007. (Present) Area Manager (Ms. Trish McIlhoney) fails to notice, during a formal shop visit in concert with the Shop Manager [see FSR no. 41827], that the Shop Manager is completely failing to implement the Act; and, indeed, fails each informal visit hereafter.

8th July 2007. Resignation of (former) Weekend Shop Assistant.

10th Aug. 2007. Shop Manager starts two-week holiday.

11th Aug. 2007. (New) Weekend Shop Assistant (Dr. Roger Peters), working alone, starts first day in post.

12th Aug. 2007 (Sunday). Without prior warning, the Shop Assistant's duties unexpectedly include the sole supervision of a legal minor executing a Duke of Edinburgh Award — in a working environment wherein there is non-implementation of the Act.

September 2007. Shop Manager fails to secure the Shop Assistant's monthly pay-slip in the shop's safe; and, indeed, fails each month hereafter.

11th Nov. 2008. Shop Assistant in post 3 months.

29th Jan. 2008. Area Manager fails to notice, during a formal shop visit in concert with the Shop Manager [see FSR no. 41828], for a second time, that the Shop Manager is completely failing to implement the Act; and, indeed, fails each informal visit hereafter.

5th Feb. 2008. The Legal Department, the Data Protection Supervisor (Ms. Diane Scott), the Trading Director (Mr. Simon Ledsham), and the Regional Manager (Ms. Julie Byard) — all from afar — fail to ensure that the Act is being implemented; and, indeed, fail each week hereafter.

11th Feb. 2008. Shop Assistant in post 6 months.

18th Feb. 2008. The Human Resources Department, the Human Resources Director (Mr. John Macey), and the Regional Manager — all from afar — fail to ensure that the part-time Shop Assistant's 6-month probationary period has been supervised in the slightest degree by his Line-Manager (Area Manager Ms. McIlhoney); and, indeed, fail each week hereafter.

{The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 state: "A part-time worker has the right not to be treated by his employer less favourably than the employer treats a comparable full-time worker: (a) as regards the terms of his contract; or (b) by being subjected to any other detriment by any act [...] of his employer."}

2nd April 2008. Shop Assistant politely asks the Shop Manager to sit down at the desk and take written notes regarding some very serious matters regarding Health & Safety and Data Protection: ... she does not accede to this request.

2nd April 2008. Subsequently, the Shop Assistant forcefully recommends to the Shop Manager, in the presence of an independent witness, and with reference to the Act, to adopt — in the first instance — the remedial measure of securing all personal data of past and present employees, past and present volunteers (including, and in particular, legal minors), and each individual who has submitted a completed Volunteer Application Form.

2nd April 2008. Subsequently, the Shop Manager obtains the necessary technical measure for the security of the aforementioned personal data, and undertakes, in the presence of the same independent witness, to secure the Shop Assistant's pay-slip in the shop's safe.

3rd April 2008. Shop Manager fails to acquire a copy of the eight principles of the Act; and, indeed, fails each week hereafter.

3rd April 2008. Shop Manager fails to seek advice from the Legal Department regarding either the security of the personal data of CR-UK's customers or the conscientious disposal of all unnecessary personal data; and, indeed, fails each week hereafter.

7th April 2008. Line-Manager's first contact — in whatever form — with the Shop Assistant since before his interview in August 2007; ... that's to say, two months beyond the spirit and letter of the probationary period stated in his Contract of Employment signed on the 8th August 2007 by a Resourcing Advisor (Ms. Hayley Wilson) — de jure on behalf of the Chief Executive and the Directors — and similarly two months beyond the spirit and letter of the Part-Time Regulations 2000.

{Verbatim extract from CR-UK Contract of Employment: "The first six months of your employment will be probationary during which time your performance will be appraised. The probationary period enables CR-UK to provide you with a planned introduction to the role, objectives and appropriate learning and development support."

CR-UK's document entitled Organisation and Responsibilities for Health and Safety within Cancer Research UK states: "The Council of Cancer Research UK have the ultimate responsibility for the health, safety and welfare of all Cancer Research UK employees. The Chief Executive and the Directors exercise this responsibility on Council's behalf."}

9th April 2008. Human Resources Advisor (Ms. Nicole Crockett) writes to inform the Shop Assistant of the completion of his probationary period; ... as would be in common with one and all, there is no recognition of — much less an apology for — the de facto unilateral, continuous, and complete breach of his Contract of Employment by his Line-Manager from 11th August 2007 to 11th February 2008.

April 2008. Shop Manager fails to introduce the novel topic of Data Protection at a monthly manager's meeting chaired by the Area Manager; and, indeed, fails each month hereafter.

April 2008. Shop Manager fails to secure the Shop Assistant's monthly pay-slip in the shop's safe; and, indeed, fails each month hereafter.

June 2008 (undated proforma). Area Manager writes: "The increase you have been awarded is linked to the outcome of your Performance and Development discussion"; ... this discussion would not take place until 6th October 2008.

1st Aug. 2008. Area Manager fails to conduct a formal shop visit, despite more than 6 months elapsing since the previous one on 29th January; and, indeed, would not conduct one until 20th November.

5th Aug. 2008. The Legal Department, the Data Protection Supervisor, the Trading Director, and the Regional Manager — all continuing from afar — fail to ensure that the Act is being implemented; and, indeed, fail each week hereafter.

11th Aug. 2008. Shop Assistant in post 12 months.

Summer 2008. Shop Manager fails to adhere to the Shop Assistant's aforementioned remedial measure of ensuring the security of personal data — including, and in particular, those of present and potential volunteers and supporters.

4th Sept. 2008. Training Development Officer (Ms. Debbie Bradley) signs the «perfect score» of the Shop Manager's Level Two Completion Review Form [see
CRV].

8th Sept. 2008. Shop Assistant, on his routine day of volunteering (Monday), politely asks the Shop Manager, in the presence of an independent witness, to sit down and take heed of some very serious matters regarding Health & Safety and Data Protection: ... she reluctantly accedes to this request.

8th Sept. 2008. Subsequently, the Shop Assistant forcefully recommends to the Shop Manager, in the presence of the same independent witness, and with reference to the Act, to adopt the remedial measure of securing all personal data of present and potential volunteers and supporters (e.g., the shop's qualified, peripatetic Portable Appliance Tester).

8th Sept. 2008. Shop Manager, in the presence of the same independent witness, states: "I didn't think that Cancer Research had to follow the Data Protection Act."

8th Sept. 2008. Subsequently, this same independent witness shows the Shop Manager a copy of the Volunteer Application Form, repeatedly distributed by the Shop Manager since her appointment in late July 2006, wherein is stated: "Cancer Research UK abides by the Data Protection Act."

9th Sept. 2008. Area Manager signs the «perfect score» of the Shop Manager's Level Two Completion Review Form [see
CRV].

September 2008. Promotion of the Shop Manager to Area Relief Manager recommended by the Area Manager and approved by the Regional Manager, who — continuing from afar — fails to seek any verifiable information on their managerial competence regarding the implementation of the Data Protection Act, Diversity Monitoring, or other Duty of Care obligations.

25th Sept. 2008. Shop Manager receives penultimate monthly sales bonus.

29th Sept. 2008. Shop Assistant sends letter [1] — «bristling with red flags» — by recorded delivery to the Data Protection Supervisor, which includes the following three suggestions.

"First, each employee is personally provided with a copy of the aforementioned (common sense) principles. Second, each manager, whether they be shop-based or home-based, should identify a suitably-sized secure location for the deposition of such data (cf. principle 7). And third, each manager should acquire a cross-cutting shredder — so that all unnecessary data are thoroughly destroyed (cf. principle 5)."

6th Oct. 2008. Line-Manager's first contact — in whatever form — with the Shop Assistant since 7th April; the former, Area Manager Ms. McIlhoney, conducts his first yearly Performance & Development Review (PDR).

6th Oct. 2008. During the course of this PDR, the part-time Shop Assistant provides the full-time Area Manager with her first copy of the eight principles of the Act.

17th Oct. 2008. The shop receives its first copy of CR-UK's (undated) document entitled Corporate Data Protection Policy.

{The Data Protection Act 1998 had passed into law ten years previously.} ® Hence the following submissions.

19th Nov. 2008. Shop Assistant sends confidential letter — «bristling with red flags» — by recorded delivery to the Chairman of the Council of Trustees (Mr. David Newbigging) and the Chief Executive (Mr. Harpal Kumar).

{CR-UK's document entitled Our Approach to Confidential Reporting (A "Whistleblowing" Policy) states: "You should use this policy if you have a genuine concern that there are reasonable grounds that any of the following has occurred, is occurring or is likely to occur: [...] a failure to comply with legal obligations, an endangerment to an individual's health and safety,"} ® Hence the following submissions.

3rd Dec. 2008. Shop Assistant, continuing the fulfilment of his contractual obligations, sends confidential — entitled "Systemic Weaknesses Regarding Implementation of Acts of Parliament" — by recorded delivery to the Chairman of the Council of Trustees, the Chief Executive, and the Interim Director of Internal Audit (Mr. Bhavani Jois), together with a discussion document [3] — «bristling with red flags» — which includes the following sentence.

"In my view, the relevant committee(s) should accept, without delay and without qualification, the interim [technical and organisational] measures I suggested in the letter dated 29th September [to the Data Protection Supervisor], before addressing the necessary development of a rigorous auditing/supervisory process."

3rd Dec. 2008. Shop Assistant's copy to the Interim Director of Internal Audit attached with prima facie evidence of «irregularities».

17th Dec. 2008. Chairman of the Council of Trustees writes [3]: "Please rest assured that nobody who, in good faith, raises genuinely held concerns that there is or may be be a failure to comply with legal obligations or an endangerment to an individual's health and safety will be dismissed or subjected to any detriment as a result of such action."

23rd Dec. 2008 to 20th Aug. 2009. Repeated — and, eventually, unbearably detrimental — intrusions of a plethora of misinformation, disinformation, and paralogisms — by unencrypted e-mail and/or letter [4] — into the Shop Assistant's home by diverse members of CR-UK's hierarchy; namely, in chronological order, the Interim Director of Internal Audit, the Trading Director, the Regional Human Resources Advisor (Ms. Caroline Knight), an Area Relief Manager (Ms. Amy Logan), an Area Manager (Ms. Meta Lear), the Regional Manager, the Property Manager (Mr. Bob Marston), a Human Resources Business Partner (Ms. Hannah Newton), and an Associate Head of Retail Finance (Ms. Jenny White).

{Principle 4 of the Data Protection Act 1998 requires that: "Personal data shall be accurate and, where necessary, kept up to date."

Article 8 of the Human Rights Act 1998 states: "Everyone has the right to respect for his private and family life, his home and his correspondence."

Principle 6 of the Data Protection Act 1998 requires that: "Personal data shall be processed in accordance with the rights of data subjects under this Act."}

12th March 2009. Regional Manager's first contact — in whatever form — with the Shop Assistant; ... i.e., 19 months after his appointment.

Mid-July 2009. Trading Director and the Regional Manager decide to initiate a dual grievance procedure against the Shop Assistant, ostensibly because of his supposèd breaches of the CR-UK code entitled Our Approach to Dignity at Work.

24th Aug. 2009. Shop Assistant, on his routine day of volunteering, customarily reports the obligatory «weekend figures»; ... a numerically illiterate, otiose, and profligate exercise.

24th Aug. 2009 (in London). Shop Assistant dismissed by LSF Regional Manager (Ms. Hazel Bedford) — de jure on behalf of the Chief Executive and the Directors, who exercise the Council of Trustees' responsibility for implementing the Contractual, Data Protection, and Human Rights of all CR-UK's employees.

27th Aug. 2009. Ex-Shop Assistant sends confidential letter [
5] — entitled "Rejection of Dismissal Decision and Consequent Appeal" — by recorded delivery to the Human Resources Director.

11th Sept. 2009. Ex-Shop Assistant sends e-mail [5] to the Human Resources Director informing the latter of his decision to withdraw his dismissal appeal, as a consequence — prior to the scheduled hearing by the Appeal Hearing Chair (Dr. Caragh Dewis) — of a breach of confidentiality, references to private correspondence post-dismissal, and the introduction of a written false assertion [5].

14th Sept. 2009. Human Resources Director accepts the ex-Shop Assistant's decision to withdraw his dismissal appeal [5]: ... thus, de facto, condoning the inexcusable conduct of the Appeal Hearing Chair.

February 2010. Despite integrity and excellence being supposèd core values of Cancer Research UK, no investigation has been initiated by either their Executive Board or their Council of Trustees [6] to determine: the appropriateness of the conduct of Internal Audit [7]; the reason(s) for the multiple shortcomings of the Legal, Human Resources, and Retail Departments; or the organisational root cause(s) of these multiple, prolonged, and recidivistic breaches of the Data Protection and Human Rights Acts [8].

________________________________________________________________________________

1. ACCESS & EGRESS : 4pp.

2. ELECTRICAL & FIRE SAFETY : 4pp.

3. DIVERSE SAFETY : 10pp.

5. VOLUNTEER CARE : 7pp.

6. HIERARCHAL BREACHES OF CONFIDENTIALITY : 11pp.

7. HIERARCHAL MISINFORMATION, DISINFORMATION & PARALOGISMS: Introduction : 12pp.

8. PROFLIGACY : 13pp.; document in progress.

________________________________________________________________________________


[Notes]

1. Verbatim transcription included in Document 7b.


2. Verbatim transcription included in Document
6.

3. Verbatim transcription included in Document 7d.


4. Verbatim transcriptions included in the multi-sectioned Document 7.


5. Verbatim transcription included in Document 7m.


6. CR-UK's Council of Trustees (2007-2010): Mr. David Newbigging (Chairman), Dr. Melanie Lee (Deputy Chairman), Professor Colin Bird, Professor Sir Kenneth Calman, Dr. Philip Campbell, Sir James Crosby, Ms. Liz Hewitt, Mr. Roger Matthews, Dame Bridget Ogilvie, Dr. Keith Palmer, Ms. Leah Sowden, Professor Jeffrey Tobias.


7. CR-UK's document entitled Our Approach to Confidential Reporting (A "Whistleblowing" Policy) states: "If you raised the concern with Internal Audit directly, they will complete [part A of] the [Confidential Reporting Form] using the information you provide." [Part A — Notification of Irregularity/Malpractice; Part B — Investigation of Reported Irregularity/Malpractice]


8. CR-UK's document entitled Our Approach to Dignity at Work states: "[...] We will not condone, tolerate or ignore any form of [...] unacceptable behaviour in our [...] employment practices. [...] Those in managerial roles have a responsibility to promote and implement the principles of this policy ..." [De jure and de facto, such employment practices must include implementing the spirit and the letter of, amongst other Acts of Parliament, the Human Rights Act 1998, the Data Protection Act 1998, and the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000; as well as respecting the Common Law duty of confidentiality.]

Dr. R. Peters'
Home Page.

[February 2010]