Letter to EHRC from Race Equality Orgs : sacking of black staff

                     

David Isaacs CBE
Chair
Equality and Human Rights Commission
Fleetbank House
2-6 Salisbury Square
London EC4Y 8JX 3 March 2017

Dear David Isaac,

It is with sincere regret that we feel obliged to write to you about the decline in the number of BAME staff at the Commission.

It has come to our attention that the number of BAME staff - especially visible minorities - has been declining for several years without any serious attempt to halt or reverse it.

We understand that twelve members of staff were selected for compulsory redundancy. Only two of the twelve staff are White British. Eight are from a BAME background, four are Muslim, six are disabled.  Apparently, seven of the twelve members of staff were unceremoniously ‘sacked’ by email on 9 February and told their last day would be 10 February.

We further understand there are no visible minorities amongst the senior management team. The only one Black director, who was on the team, was among the twelve workers who were made redundant.  We also understand that all but two of your remaining BAME workers are in the lowest three grades.

We consider this a matter of grave concern.

The legacy commission, the Commission for Racial Equality, possessed a unique racial justice acumen shaped by its diverse workforce at every level and in all departments. We believe if the Commission is not similarly diverse, it will lose credibility, authority and legitimacy with the public.

In our opinion, it is not satisfactory or acceptable simply to say the percentage of BAME workers reflects the percentage in the national population and especially not with main offices in London and Manchester. But this is not just about numbers: the personal experiences and viewpoints, which a diverse workforce brings, are essential if the Commission is to challenge the majority or mainstream beliefs. In a climate of rising levels of racist and Islamophobic attacks and where the majority opinion in GB seems to be anti-immigrant, anti-Black and anti-Muslim, then it is even more important that the Commission’s staff can stand firm against prevailing views. We believe this means recruiting a larger percentage than that in the national population - or even the local population where that is higher than the national figure.

Also worrying is the assessment of these workers as having no skills. Some of them were at the forefront of maintaining good relations in times of heightened racial tensions during periods of riots, the Stephen Lawrence Inquiry, and the 7/7 terror attacks. Such an assessment disregards the value of this work and their commitment to the protection and promotion of equality and human rights. (Presumably, it is a specification for working at the Commission that employees have a demonstrable understanding of discrimination and good relations?).

On a personal front, BAME workers are only too painfully aware of discrimination, racism and social injustice. You are unlikely to know the individuals, but each one will have a personal history of struggle, obstacles and racism. Yet, the Commission has effectively told them they have no skills to hold a job with it and their experiences have been dismissed with the cold despatch of an email.

We realise the Commission’s website says it plans to address any under-representation with positive action measures. This has been the Commission’s answer to the decline in the number of BAME staff since 2011/12 when the numbers started to fall dramatically. Yet, as far as we are aware, the Commission has never used positive action measures, despite its assurances to do so.

But, more importantly, we do not consider that BAME staff or job applicants lack the skills for a position at the Commission or that positive action is necessary to equip them with the necessary skills. Given the nature of the work, we think it is, quite frankly, an insult to suggest that they lack the skills. The Commission had BAME senior professionals, lawyers and directors but almost all have gone. And we believe it will be difficult to recruit BAME staff with this poor history as it doesn’t inspire confidence or respect.

Whilst we’ve welcomed your recent statements on race hate crime, we do not believe you can or should speak for our communities. And whilst you might consult us as stakeholders, we also want to see our communities represented amongst your workforce - and not just in lower grades. Until we see progress in this area, you risk losing our trust and confidence.

We take this opportunity to remind you that the Paris Principles on the status and functions of national human rights bodies require such bodies to be ‘established in accordance with a procedure which affords all necessary guarantees to ensure the pluralist representation of the social forces (of civilian society) involved in the protection and promotion of human rights.’ The Principles also require them to work with others ‘to combat racism, to protect particularly vulnerable groups (especially children, migrant workers, refugees, physically and mentally disabled persons)...’

Unfortunately, we doubt whether the Commission can meet these obligations.

We were also appalled by the brutal manner by which the Commission terminated the contracts of those made redundant on 9 February. We understand they were served with redundancy notices by email while they were on strike - a strike called by the trades unions - and told the next day would be their last day. Trade union rights are protected human rights. And the requirement for ‘pluralist representation’ includes trades union representation.

This behaviour must be unprecedented for any employer. But, we rightly expect more from the Commission than other employer. But, even if the Commission followed a lawful process, we still expect a fair and compassionate process - to do what’s morally right, not just what is lawful.

We would like to conclude by affirming our support for a strong and effective national equality and human rights body which is diverse at all levels - and not just in terms of race but other characteristics. (We are also worried by a similar decline in the number of disabled and older staff).

Sadly, we now have serious doubts about the Commission’s credibility, authority and legitimacy with our communities.

We would welcome an opportunity to discuss our concerns with you in a meeting.

Finally, please kindly note other organisations share our concerns but they were unable to sign at this time.

Yours sincerely,

Lord Herman Ouseley
Hanef Bhamjee, OBE, Secretary, Action for Southern Africa –Wales
Professor Gargi Bhattacharyya, University of East London, UCU Black Members' Standing Committee
Peter Herbert, Society of Black Lawyers
Michael McEachrane, PhD, co-founder of IDPAD Coalition UK
BARAC UK
Blacksox
GMB Regional Equality Forum
Momentum Black Caucus
Northamptonshire Rights and Equality Council
Operation Black Vote
Race Equality Matters (REM)
Wellingborough Black Consortium




Please reply to:
REM
c/o Coral Rose
8-9 Frith St
London W1D 3JB
email: raceequalitymatters@hotmail.com

Trade Union Gen Sec Guilty of Gross Sexism Against Black Woman

                     "STILL NO EQUALITY FOR WOMEN IN THE WORKPLACE" 

Former NAPO General Secretary Jonathan Ledger guilty of serious sexual harassment of black female work colleague.

Napo in their announcement on their website claim that they have apologised to the employee, but this is a deliberate lie. Judge Mark Emerton, acknowledge this was not an apology and stated that on the day of the Remedy Hearing 31/1/2014

Even though the victim was a long-standing member of Unite Union she faced a 'wall of silence', when seeking representation and therefore was forced to self-fund the case herself 

The Claimant's barrister in his submission summarised to the Tribunal that, 'the little value that is attached to the evidence of black women, even the most senior and established ones, demonstrates that racism and sexism is still inherent in the court system. 

In dismissing the majority of her claims including 'unfair dismissal', the court demonstrated its willingness to believe the words of a repeat sexual harasser who continually changed his story right up until the last minute over the consistent evidence of a female victim.' The victim is now considering options as to how she can attract support for her case against NAPO in the Court of Appeal.

BARAC provides support to victims of racism or discrimination in the workplace.  2010 saw the National Association of Probation Officers (NAPO) General Secretary, Mr. Jonathan Ledger resign his post. He had been conducting the most repugnant and disgusting campaign of gross sexual harassment of a senior black woman NAPO official.

Ledger was found guilty by a Employment Tribunal of three serious counts of sexual harassment between June and September 2010. The Tribunal also reported, that based on the evidence presented, it's view on a fourth allegation( that Ledger exposed himself and masturbated in front of the victim ) did take place as alleged on the 4 March 2010, but as the claim was poorly presented, they were unable to rule on that particular claim.

The remedy hearing was heard on 30th and 31st of January 2014 and reporting restrictions lifted.

Lee Jasper co chair of the campaigning organisation Black Activist Against The Cuts ( BARAC ) who provided support to the victim said,

" Jonathan Ledger, former General Secretary of the National Association of Probation Officers conducted a " Jimmy Saville " like reign of terror targeting vulnerable women working in NAPO.  The senior officers of NAPO despite being aware of a history of complaints simply colluded to hound and demonise a black woman colleague with a degree of evil intent that had to be seen to be believed."

He added, " Among the NAPO Executive one man consistently challenged Ledger and provided support to his victims. That man was Harry Fletcher whose resolute stand on this issue was outstanding, NAPO had a fine history of challenging racism and sexism. In the 80/90's They were the leading pioneers in challenging workplace discrimination.

This once proud Union has descended into a cesspit of racism and sexism. Rank and file members will be outraged that they have so terribly let down by a cabal of white trade unionists who have clouded with the activities of their General Secretary, a powerful white man who ruthless and brazenly assaulted women in the organisation.

The victim has reported her complaints catalogued in her work and personal diaries to the 
Metropolitan Police. The Police have been notified of similar complaints involving Jonathan Ledger 
from a number of women who worked in London Probation between 1998 and 2000. The police will support any women with similar complaints involving this individual should they come forward.

The TUC needs to conduct a thorough and transparent public inquiry into this whole matter ensuring the Trade Union movement uses these tragic events as an opportunity to revisit, assess and refresh its demand that Trade Unions uphold the highest standards in promoting equality"

A powerful white man has once again been shown to trample all over the policies, constitution rules and of this once proud Union. The current executive are all implicated and BARAC calls on ordinary NAPO members to take a vote of 'no confidence' in all senior NAPO executive members who colluded with and protected Ledger's campaign of sexual terrorism"

Ledger and Wilson (former Chair) were aided and abetted by a NAPO Officers Group, who once they had received an official victim complaint and a letter expressing serious concern from BARAC, then  conspired to sack the complainant on trumped up charges, instead of dealing with her devastating complaint against both Ledger and Wilson.

The details of her complaint revealed that Ledger had constantly and indecently propositioned her, suggesting that she and her young daughter join him in a threesome and showing her naked pictures of his partner stored on his phone and in March 2010 trapping her in his office, unzipping his trousers and masturbating in front of her. Despite her detailed grievance, 

Tim Wilson and the Officers Group that included Ledger decided that they would hear the grievance against themselves, whilst subsequently initiating disciplinary procedures. This well-known ‘management’ tactic of counter allegation on receipt of a grievance is not only unlawful; it also breaks every single rule in the trade union book.

There was a formal challenge about the process and the clear conflicts of interest. Ledger and Wilson rejected these and decided they would personally adjudicate the complaint against themselves, only supported in this despicable act by the cowardly NAPO Officers Group.

When the complainant refused to take part in this charade she was sacked. Indeed, in March 2012, a temporary female employee of NAPO submitted a grievance against Ledger for sexual harassment, including sending her emails and text messages of an explicit sexual nature, using work email and during work hours. Amongst the allegations made by this other female employee was that Ledger put his hand up her skirt and said he wanted to “f*** her until she moaned and groaned.”

Ledger confirmed under cross-examination, inappropriate behaviour towards a third female employee of NAPO (although she did not make a complaint). Ledger who does not smoke and was seen to have taken a cigarette from her mouth, put it in his mouth, lick it and put it back into her mouth.  This was a sexual act to demean a young Muslim woman, who he knew would be reluctant to complain as an administrative worker. Ledger was using NAPO headquarters, as is his personal fiefdom and relied upon his power as General Secretary to bully, intimidate and ensure all such complaints were bought off or buried.

There is one ray of light in this depressing tale. The one NAPO official who has consistently supported the complainant and relentlessly challenged the scandalous behaviour of NAPO officers is Harry Fletcher, himself a white male.

The victim can be accessed via Lee Jasper.

End.

Co Chair of BARAC

Lee-Jasper@live.com

097984 181797