CANCER RESEARCH & PANDORA'S BOX
Heu, contra principia negantem non est disputandum.
5. VOLUNTEER CARE
[(Author's premises) Each volunteer has the inviolable right to dignity in a CR-UK workplace; and each volunteer's dignity can only be respected and ensured by the rigorous and critically audited implementation of the relevant Acts of Parliament, by the identification and removal of systemic weaknesses, by completely respectful communication and management, and by effective guardianship.]
Preamble
During the period from late-July 2006 to mid-September 2008, the workplace's volunteers included several legal minors executing the Duke of Edinburgh Award, two adults with severely compromised immune systems, several unemployed adults on «work experience», one adult with Asperger's syndrome, and several senior citizens — including two with greatly decreased mobility.
On 6th and 9th September 2008, respectively, the Training Development Officer (Ms. Debbie Bradley) and the Area Manager (Ms. Trish McIhoney) — de jure on behalf of the Chief Executive and the Directors, who exercise the Council of Trustees' responsibility for the implementation of Acts of Parliament relevant to all Cancer Research UK's volunteers — signed the Level Two Completion Review Form of the then Shop Manager (Ms. Amy Logan), wherein there is the «perfect score» of 11/11 for the «topic» Volunteers [see CRV]: ... yet neither of these individuals, nor a Human Resources Advisor, had communicated with any volunteer throughout the Shop Manager's stewardship, from late-July 2006 to mid-September 2008.
Self-evidently, such a review is worse than worthless because — regardless of the competence of the individuals involved — it is merely self-certification speciously underpinned by titular authority. And, equally self-evident, such reveals the damning inefficacy of the auditing procedure: if, indeed, there be one.
Finally, inspection of this Review Form reveals at least three systemic weaknesses regarding the implementation of statutory Duty of Care obligations: namely the absence of the «topics» Health & Safety, Data Protection, and Legal Minors.
Introduction
Given that Documents 1, 2, 3, and 4 have presented the irrefutable evidence that — with respect to diverse Acts of Parliament and systemic weaknesses — no volunteer's dignity had been respected, much less ensured, throughout the period from late-July 2006 to mid-September 2008, attention should now be given to the aspects of respectful communication and management during this same period.
Most unfortunately, however worthwhile it would be to provide a documentary record of these latter aspects, such would be subject to the inherent difficulties in substantiating oral comments and — far more importantly — would inevitably intrude upon the privacy of the volunteers concerned: accordingly, specifics are purposively omitted below.
Chronological Overview
Autumn 2006. Shop Manager (Ms. Amy Logan) fails to implement the requirements of the Data Protection Act 1998; in particular, securing any personal data of past, present, and potential volunteers.
{CR-UK's document entitled UK Shop Manager Bonus Scheme states: "This scheme is designed as a real incentive for shop managers to exceed sales targets ..."}
Autumn 2006. Shop Manager displaces, to an effectively unreadable position, the main Health & Safety Notice — applicable and informative to every volunteer: ... in favour of the shop's Sales Target Notice — a numerically illiterate spreadsheet relevant only to her monthly sales bonus.
Spring 2007 to Early Summer 2008. Shop Manager accepts six legal minors — participating in the Duke of Edinburgh Award Scheme — as volunteers, completes and signs their respective Young Person's Risk Assessment Forms, and then eschews their supervision; the part-time Stock Processor and the part-time Shop Assistant are their de facto supervisors by default.
Late Spring 2007. Shop Manager dismisses an unemployed adult-volunteer on «work experience». [No written record was kept of his supposèd transgressions and no written warning was issued to the volunteer. His dismissal meant the immediate loss of his state benefits.]
5th July 2007. Area Manager (Ms. Trish McIlhoney), following a formal shop visit in concert with the Shop Manager [see FSR no. 41827, headed "H&S Audit"], specifies in writing: "Fire drills to be implemented within two weeks" and "Step Ladder to be obtained with correct B.S. [British Standard]".
5th July 2007. Area Manager fails to notice, during this same formal shop visit, the anomalies in completed Young Person's Risk Assessment Forms, the totally aberrant placement of the main Health & Safety Notice, a 4-month inactioned risk-assessment of the swing-door in the shop's Health & Safety File, a 2-month unreported accident in the Safety Book, the de facto ornamental nature of the fire extinguishers, the total unsuitability of the fire evacuation point [†], the lack of provision for the safe temporary storage of broken glassware and sharps, the communal storage of food and shop cleaning chemicals, the lack of basic hygiene in the kitchen and toilet, exemplified by the antediluvian use of communal towels and non-functioning hand air-dryers, the non-alphabetical ordering of the volunteers' health details in the event of an emergency, and the non-implementation of the Data Protection Act; and, indeed, fails each informal visit hereafter.
[† One that requires the volunteer — regardless of his or her mobility — to walk some 30 metres up a very steep slope.]
19th July 2007. Shop Manager fails to action — within the two-week time scale — two safety measures specified by the Area Manager [see FSR no. 41827, headed "H&S Audit"]; and, indeed, fails each week hereafter.
20th July 2007. Area Manager fails to ensure that these two specified safety measures have been actioned; and, indeed, fails each each week hereafter.
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 replete with multiple breaches of the Health and Safety at Work Act and wherein there is non-implementation of the Data Protection Act.
{The Management of Health and Safety at Work Regulations 1999 state: "Every employer shall ensure that young persons employed by him are protected at work from any risks to their health or safety which are a consequence of their lack of experience, or absence of awareness of existing or potential risks or the fact that young persons have not yet fully matured."
The Health and Safety at Work Act etc 1974 states: "It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety."
The Management of Health and Safety at Work Regulations 1999 state: "Every employer shall make and give effect to such arrangements as are appropriate, having regard to the nature of his activities and the size of his undertaking, for the effective planning, organisation, control, monitoring and review of the preventive and protective measures."
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."}
Late Summer 2007. Shop Manager dismisses another unemployed adult-volunteer on «work experience». [No written record was kept of his supposèd transgressions and no written warning was issued to the volunteer. His dismissal meant the immediate loss of his state benefits.]
Late Summer 2007 to Late Summer 2008. Intermittently, the Shop Manager dismisses several unemployed adult-volunteers on «work experience» after a 1-day trial period — without exercising the courtesy of informing them of the reason(s) for their supposèd unsuitability. [No necessary details were recorded; for example, and in particular, on Diversity Monitoring Forms.]
January 2008. Shop Manager's disrespectful method of communication to a supporter-volunteer, in the presence of an independent witness, prompts her to no longer volunteer at the shop.
January 2008. Shop Manager's similarly disrespectful method of communication to the same independent witness results in no action by the latter — because, as an adult-volunteer on «work experience», he can neither resign nor risk being dismissed as this would result in the immediate loss of his state benefits.
29th Jan. 2008. Area Manager fails to notice, during a formal shop visit in concert with the Shop Manager [see FSR no. 41828], the continuing anomalies in completed Young Person's Risk Assessment Forms, the totally aberrant placement of the main Health & Safety Notice, the 10-month inactioned risk-assessment of the swing-door in the shop's Health & Safety File, her own two 6-month inactioned safety measures specified on the preceding page of the Formal Shop Report Book [see FSR no. 41827, headed "H&S Audit"], the 8-month unreported accident in the Safety Book, the lack of provision for the safe temporary storage of broken glassware and sharps, the de facto ornamental nature of the fire extinguishers, the total unsuitability of the fire evacuation point [†], the lacunae in Portable Appliance Testing, the communal storage of food and shop cleaning chemicals, the lacunae in COSHH assessments, the lack of basic hygiene in the kitchen and toilet, exemplified by the antediluvian use of communal towels and non-functioning hand air-dryers, the non-alphabetical ordering of the volunteers' health details in the event of an emergency, and the continuing non-implementation of the Data Protection Act; and, indeed, fails each informal visit hereafter.
5th Feb. 2008. The Legal, Human Resources, Health & Safety, and Retail Departments, the Safety Committee, the Data Protection Supervisor (Ms. Diane Scott), the Human Resources Director (Mr. John Macey), the Head of Health & Safety (Mr. Kevin Thurlow), the Trading Director (Mr. Simon Ledsham), the Retail Health & Safety Manager (Mr. Steve Learmouth), and the Regional Manager (Ms. Julie Byard) — all from afar — fail to ensure that the Data Protection Act is being implemented and that there are no anomalies in completed Young Person's Risk Assessment Forms, no inactioned risk-assessments, no inactioned safety measures, no lacunae in statutory safety provision and maintenance, and no volunteer welfare concerns; and, indeed, fail each week hereafter.
{CR-UK's document entitled Organisation and Responsibilities for Health and Safety within Cancer Research UK states: "Management • All employees who are responsible for the management of other staff, [...], have a direct responsibility for the implementation of Cancer Research UK's policy on health and safety and welfare. This responsibility cannot be delegated,"}
11th Feb. 2008. Shop Assistant in post 6 months.
18th Feb. 2008. Human Resources Director and the Regional Manager — both continuing 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.
2nd April 2008. Shop Assistant forcefully recommends to the Shop Manager, in the presence of an independent witness, to adopt diverse remedial safety and data protection measures.
7th April 2008. Line-Manager's first contact — in whatever form — with the Shop Assistant since before his interview in August 2007; ... i.e., 8 months after his appointment.
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, Human Resources, Health & Safety, and Retail Departments, the Safety Committee, the Data Protection Supervisor, the Human Resources Director, the Head of Health & Safety, the Trading Director, the Retail Health & Safety Manager, and the Regional Manager — all continuing from afar — fail to ensure that the Data Protection Act is being implemented and that there are no anomalies in completed Young Person's Risk Assessment Forms, no inactioned risk-assessments, no inactioned safety measures, no lacunae in statutory safety provision and maintenance, and no volunteer welfare concerns; and, indeed, fail each week hereafter.
11th Aug. 2008. Shop Assistant in post 12 months.
8th Sept. 2008. Shop Assistant forcefully recommends to the Shop Manager, in the presence of an independent witness, to adopt further remedial safety and data protection measures.
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 Health & Safety at Work Act, the Data Protection Act, Diversity Monitoring, or other Duty of Care obligations with respect to volunteers.
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: ... who fails to initiate an investigation into the letter's essential substance.
6th Oct. 2008. Line-Manager's first contact — in whatever form — with the Shop Assistant since 7th April; ... i.e., 6 months previously.
{The Management of Health and Safety at Work Regulations 1999 state: "Every employee shall inform his employer or any other employee of that employer with specific responsibility for the health and safety of his fellow employees — (a) of any work situation which a person with the first-mentioned employee's training and instruction would reasonably consider represented a serious and immediate danger to health and safety; and (b) of any matter which a person with the first-mentioned employee's training and instruction would reasonably consider represented a shortcoming in the employer's protection arrangements for health and safety,"}
22nd Oct. 2008. Shop Assistant sends confidential letter — «bristling with red flags» — by recorded delivery to the Retail Health & Safety Manager: ... who fails to initiate an investigation into the letter's essential substance.
13th Nov. 2008. Retail Learning & Development Manager (Ms. Lynn Paulo) effectively implies in a memo that, for new — but actively practising — managers, training for Health & Safety and Volunteer Management is less important than training for Merchandising & Display and Stock Control.
{The Chief Executive's Health, Safety and Welfare Policy Statement reads: "The Council of Cancer Research UK attaches the greatest importance to safeguarding the health, safety and welfare of all persons at work"; ... note the use of the superlative adjective in this phrase.
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."} ® Hence the following letter.
19th Nov. 2008. Shop Assistant, continuing the fulfilment of his statutory and contractual obligations, 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): ... who fail to initiate an investigation into the letter's essential substance.
20th Nov. 2008. Area Manager, during a formal shop visit in concert with the (recently promoted) Area Relief Manager [see FSR no. 41829 & no. 418230], writes: "Visit to go over compliance and H&S with Relief Manager."
20th Nov. 2008. Area Manager fails to notice, during this same formal shop visit, these outstanding safety issues: the 20-month inactioned risk-assessment of the swing-door in the shop's Health & Safety File; her own 16-month inactioned requirement to obtain a step ladder with the correct British Standard, specified in the Formal Shop Report Book; the discrepancy between the retesting date (April 2009) on Elecheck's Formal Safety Report and that on their tested electrical items (April 2010); the de facto ornamental nature of the fire extinguishers; the absence of weekly portable fire extinguisher testing; the 6-month inactioned recommendation for a safer and more convenient fire evacuation point for those of maturer years or with decreased mobility; the absence of fire evacuation drills for two long-serving volunteers — one of whom is a severely diabetic senior citizen with greatly decreased mobility; the lack of basic hygiene in the kitchen and toilet, exemplified by the antediluvian use of communal towels and the non-functioning hand air-dryers; and the non-alphabetical ordering of the volunteers' health details in the event of an emergency.
{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 statutory and contractual obligations, sends confidential letter [2] — 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 [2] — «bristling with red flags» — which includes the following sentence.
"Young persons — i.e., those lads and lasses under 16 — represent one of the two vulnerable sections of CRUK's volunteer base (the other being senior citizens); and, as such, CRUK's duty of care must be beyond reproach."
4th Dec. 2008. New Shop Manager — on her first day in post — obtains a step ladder with the correct British Standard; ... i.e., 17 months after the Area Manager's safety measure to the former Shop Manager, now Area Relief Manager [see FSR no. 41827, headed "H&S Audit"].
15th Dec. 2008. Shop Assistant, continuing the fulfilment of his statutory and contractual obligations, sends confidential letter — «bristling with red flags» — by recorded delivery to the Interim Director of Internal Audit: ... who fails to initiate an investigation into the letter's essential substance.
23rd Dec. 2008. New Shop Manager meets the aforementioned supporter-volunteer for the first time; the latter, as she had done in the interim with at least two long-serving CR-UK volunteers, describes to the former her independently-witnessed «altercation» with the former Shop Manager in January 2008.
7th Jan. 2009. New Shop Manager introduces a safer and more convenient fire evacuation point for those of maturer years or with decreased mobility ; ... i.e., 8 months after the Shop Assistant's signed recommendation to the former Shop Manager, now Area Relief Manager [see Fire Safety Book p. 32].
12th March 2009. Regional Manager's first contact — in whatever form — with the Shop Assistant; ... i.e., 19 months after his appointment.
May 2009. Property Manager (Mr. Bob Marston) — who had had no communication with the Shop Assistant and, therefore, had little or no essential information in context [‡] — writes [3]: "[The] CRUK 'Guidance and Best Practice for Working with Young People' update for the Operations Manual will be ready for issue as an addendum in June 2009 by the National Retail Centre."; ... i.e., 6 months after the part-time Shop Assistant submitted the aforementioned discussion document — «bristling with red flags» — to the Chairman of the Council of Trustees and the Chief Executive.
24th Aug. 2009. Shop Assistant dismissed.
18th Nov. 2009. Regional Manager's first contact — in whatever form — with the new Shop Manager; ... i.e., 11 months after her appointment.
February 2010. Despite integrity and excellence being supposèd core values of Cancer Research UK, neither their Executive Board nor their Council of Trustees [4] has attempted to determine the organisational root cause(s) of these multiple, prolonged, and recidivistic breaches of diverse Acts of Parliament and Internal Codes of Practice with respect to volunteers — in just one of CR-UK's 600 or so workplaces: much less reflected upon their inviolable right to dignity in such a workplace. ... Quis custodiet ipsos custodes?
________________________________________________________________________________
1. ACCESS & EGRESS : 4pp.
2. ELECTRICAL & FIRE SAFETY : 4pp.
3. DIVERSE SAFETY : 10pp.
4. DATA PROTECTION & HUMAN RIGHTS : 6pp.
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 7d.
3. Verbatim transcription included in Document 7f.
4. 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.
Dr. R. Peters' Home Page.
[February 2010]