UK rail minister got engineer sacked for raising safety concerns

[Martin222002]

Here is the letter in question from Peter Hendy to the MD of Gareth Dennis' former employer, curtesy of Jon Stone on 'X' obtained by POLITICO via freedom of information laws.
https://x.com/joncstone/status/1829045186980094162

 

[Goldfish62]

Here is the letter in question from Peter Hendy to the MD of Gareth Dennis' former employer, curtesy of Jon Stone on 'X' obtained by POLITICO via freedom of information laws.
https://x.com/joncstone/status/1829045186980094162

Lm

Looks a fair letter.

 

[JamesT]

1 - Why offer him a payout in the first place if he is as in the wrong as you think?

2 - Because the payout came with an NDA so he wouldn't have been able to talk about it.

The company may well offer a payoff even though they believe they have cause to avoid prolonging the issue. I had almost a year of employment covering a position where the person had been fired for gross misconduct. The employer won the tribunal, but I’m sure they would rather it was just done with and they could make a long term appointment immediately.

 

[Starmill]

Seems Hendy would prefer a supportive partisan to a critical friend. This is, of course, always the wrong choice.

 

[WelshBluebird]

Looks a fair letter.

Except that it:
1 - Leaves out the context of the quote (specifically that it is about times of serious disruption).

2 - Includes a direct thrreat about future contracts which is borderline morally and legally questionable.

 

[AlterEgo]

Looks a fair letter.

Apart from the bit where he implies the employee should be fired for simply restating what the regulator has said. Hendy is a complete idiot for documenting this.

 

[WelshBluebird]

The company may well offer a payoff even though they believe they have cause to avoid prolonging the issue. I had almost a year of employment covering a position where the person had been fired for gross misconduct. The employer won the tribunal, but I’m sure they would rather it was just done with and they could make a long term appointment immediately.

Except Gareth was sacked pretty quickly so I don't think that applies here.
And in terms of tribunals etc, I suspect a lot of people don't realise how poor UK employment law actually is, especially when you have less than 2 years of employment at the specific place.

 

[sleepinglion]

First, every company in the railway industry ultimately interacts with Network Rail in one way or another. TOCs run their services on NR's lines and through NR-owned stations. ROSCOs' assets run on NR metals. Siemens and Hitachi and Alstom and everyone else produce stock to run on the NR network.

Absolutely spot on, I don't like it when any employer does this but network rail is basically the only show in town here, and the email was not a case of 'put him on other projects', they literally wrote to SYSTRA saying they would not get future work. It's an effective blacklisting.
It's worth pointing out Hendy had no idea who he worked for, he actually asked staff to look into it and find out, I followed him on twitter and YouTube and had no idea who his employer was.

 

[OscarH]

Looks a fair letter.

The article in question mentions nowhere that he is a Systra employee, it's written entirely in a personal capacity. If people aren't allowed to have personal views outside of their job, provided they aren't based on or reliant on information they only can access through their job (and anyway can see the situation at Euston, so not the case here), then we're in a very dangerous place

 

[Bletchleyite]

Systra have other customers in the UK, not just NR (although they will be a substantial one).

Though his expertise is rail. Essentially if he can't contract to NR he's redundant.

 

[Harpo]

I think the offer of a pay off was generous and I can't understand why he didn't take it as he must have known the alternative was to be fired..

Many possible reasons. He may think or have advice that he has a strong case, or perhaps felt that the freedom to talk about it subsequently held more value or integrity for him?

 

[387masterrace]

This is just speculation but I imagine this wasn't the first time Gareth Dennis had come under fire from his employer for his public comments and this was the final nail in the coffin. It's not particularly fair but he can't have his cake and eat it - if Gareth Dennis wants to build his career as a professional twitter grifter- sorry I mean public voice on the railway, then he can't simultaneously expect to hold an engineering job which requires him not to criticise clients.

 

[Starmill]

However he's bang-on with Euston, it's dangerous and it has not been fixed.

The truly important point is that it's not just you saying that, it's not just me saying that, and it's not just Dennis saying that (though we all agree on this).

It was also the view of ORR's inspector Natalie Widdrington-May:

You have failed to implement, so far as is reasonably practicable, effective measures to
prevent risks to health and safety of passengers (and other persons at the station) during
passenger surges and overcrowding events at London Euston Station

And Ian Prosser at HMRI and even Network Rail themselves:

Where there is rail disruption there is the potential for crowding and surges at stations. This improvement notice is a reminder that comprehensive risk assessments must be in place to improve crowd management.

Network Rail understands where it needs to improve, and it is imperative that station management and train operators work together to do everything in their power to reduce the risk of serious incidents.

Rail regulator requires crowd management improvements at Euston Station | Office of Rail and Road

Network Rail has been issued with an improvement notice by the Office of Rail and Road for London’s Euston Station, where the company has failed to put in effective measures to prevent risks to passengers and others during instances of surges and overcrowding.

www.orr.gov.uk

Many possible reasons. He may think or have advice that he has a strong case, or perhaps felt that the freedom to talk about it subsequently held more value or integrity for him?

Indeed. It could simply be that he intends to win in the Tribunal...

 

[Nicholas Lewis]

NR has a vast media and comms team that could have taken on the allegations made in the Independent and especially as ORR also showing a concern used it as an opportunity to show what they are doing to manage the situation at Euston. It could have also shone a spotlight on the longer term fiasco that Euston will be now given the uncertainty over HS2.
In the long run it will be a 24hr story that only makes the newspapers as we are still in the silly season so will disappear without trace by tomorrow.

 

[Rail101]

This is just speculation but I imagine this wasn't the first time Gareth Dennis had come under fire from his employer for his public comments and this was the final nail in the coffin. It's not particularly fair but he can't have his cake and eat it - if Gareth Dennis wants to build his career as a professional twitter grifter- sorry I mean public voice on the railway, then he can't simultaneously expect to hold an engineering job which requires him not to criticise clients.

Depends on whether you believe him but he says his employer was OK with it

x.com

x.com

"This was entirely inside my existing agreements with Systra on media matters. They didn't have a problem with it for a month until Hendy threatened them."

Asked what the agreement was, he replied:

"It was robust. Systra had already published external and internal comms saying how much they valued my vocal advocacy of the industry."

x.com

x.com

 

[Starmill]

Except Gareth was sacked pretty quickly so I don't think that applies here.
And in terms of tribunals etc, I suspect a lot of people don't realise how poor UK employment law actually is, especially when you have less than 2 years of employment at the specific place.

The automatically unfair reasons are relatively robust. If you can run a good argument on one of them you're in a strong position.

 

[185]

Hendys gotta resign. He is responsible for getting rid of the cronyism and crookedness that lies within the leadership of our private railway and for him to have behaved exactly the same should leave only one outcome, the sack.

I don't agree with all that Mr Dennis says, infact I am of the opinion he's even more of a plonker than me, however in principle the way of reporting unsafe railway situations is fundamentally broken at present.

- You report it to your company, they see you as a troublemaker, you are then sacked for an unrelated issue such as an untied shoelace.

- You go to Ciras, the independent safety body where you can anonymously report safety issues. Ciras shares an office with the RSSB, infact it is a handful of desks within the RSSB and it has been observed that staff make an "anonymous" report, Ciras then demand name, location, employer, pay number and this information is either being discussed or left out on desks for all to see - whilst bosses from the Train Operating Companies are wandering around the offices visiting RSSB officers - a gross breach of GDPR.

- Or you go to the ORR. They should not have to be concerning themselves with small, minor safety issues, however they've now become the last trustworthy line of defence for staff to make reports to.

 

[Starmill]

Apart from the bit where he implies the employee should be fired for simply restating what the regulator has said. Hendy is a complete idiot for documenting this.

Indeed. Given the clear evidence that's his view, he thoroughly deserves to lose his Ministerial role.

 

[InTheEastMids]

requires him not to criticise clients.

This is a real problem, as you should be able to criticise clients in private at least. It is, however, very difficult for consultants to do this (speaking as a consultant).

Classic Streisand Effect at work here:
1. Gareth Dennis didn't say anything controversial (perhaps with hindsight should have spoken off the record),
2. his quote would have been forgotten if nothing had been done, or if it had been done in private
3. Hendy's received the daily news clippings briefing, chucked his toys out of the pram, and wanted to make an example of Gareth
4. Hendy either didn't understand or was too arrogant to consider that all this could be brought out by FOI or DPA requests, or that Gareth would "be sensible" and sign an NDA in return for more financial security (all would have been aware at this point that first baby was on the wayt)
4. Hendy and Network Rail now look foolish because this mess has (i) drawn additional attention to the issues with Euston and NR's challenges to resolve them, (ii) makes people question Hendy's own personal conduct and fitness for public office, and (iii) also managed to create a story about people being gagged on issues of safety.

Standing Ovation. Wonderful stuff. 5 Stars.

 

[WelshBluebird]

The automatically unfair reasons are relatively robust. If you can run a good argument on one of them you're in a strong position.

The issue is that those reasons are pretty specific and narrow, and I don't think Gareth's comments would fit into any of them. You could maybe make an argument about Whistleblowing, but given all he said was basically commentatry about things that were already in the public domain, I'm not quite sure it fits.

 

[AlterEgo]

Indeed. Given the clear evidence that's his view, he thoroughly deserves to lose his Ministerial role.

Not only this, it is grossly politically naive to document it.

3. Hendy's received the daily news clippings briefing, chucked his toys out of the pram, and wanted to make an example of Gareth
4. Hendy either didn't understand or was too arrogant to consider that all this could be brought out by FOI or DPA requests, or that Gareth would "be sensible" and sign an NDA in return for more financial security (all would have been aware at this point that first baby was on the wayt)

Someone at NR ought to have had a quiet word with Hendy and advised him this. Someone must have seen the letter prior to its sending. It makes the organisation look bad. A little "are you sure that's wise, sir?" Sgt Wilson-style ought to have happened.

Hendy is a known curmudgeon and part of the old school who are used to autocracies, so perhaps his private office didn't work that way - to his detriment.

 

[Starmill]

Not only this, it is grossly politically naive to document it.

Yes agreed. Haigh should ask for his resignation on both grounds.

 

[sor]

I know Hendy is entitled to use the title etc etc etc but it still seems a bit pompous to use it like that on the letterhead.

Depends on whether you believe him but he says his employer was OK with it

x.com

x.com

"This was entirely inside my existing agreements with Systra on media matters. They didn't have a problem with it for a month until Hendy threatened them."

Asked what the agreement was, he replied: "It was robust. Systra had already published external and internal comms saying how much they valued my vocal advocacy of the industry."

x.com

x.com

and as an example of those external comms - https://www.systra.com/uk/news/gare...rofessional-distinguished-service-award-2024/

His passion and enthusiasm for all things rail are well-known across the sector through his weekly #Railnatter podcast and as a regular national press rail commentator, but not only that Gareth is a skilled track engineer with over 10 years’ experience.

I'm not a lawyer, but it seems like tacit approval for him to speak somewhat openly (even ignoring what he said, or that it was essentially re-stating what the regulator had already identified)

Feels as ludicrous as firing a doctor or teacher because their workplace is RAAC infested, falling to bits, and they decided to mention it on their social media.

 

[Doctor Fegg]

Not only this, it is grossly politically naive to document it.

Staggeringly so.

What happens next time there's a major incident and Hendy has to answer questions in the Lords?

Rail Minister: "We have thorough safety monitoring systems and they had not flagged up anything at this location."

Questioner: "Are you —ing me? Last time someone tried to flag up a safety concern you personally wrote to their boss to get them fired."

(I realise that "are you —ing me?" is unparliamentary language but you get the point.)

 

[AlterEgo]

Dennis has edited Hendy's Wikipedia to add in more details in the controversies section.

Peter Hendy: Difference between revisions - Wikipedia

en.wikipedia.org

 

[Amlag]

Indeed. Given the clear evidence that's his view, he thoroughly deserves to lose his Ministerial role.

Has Hendy and his titie got too big for his boots ?

 

[Nicholas Lewis]

Hendys gotta resign. He is responsible for getting rid of the cronyism and crookedness that lies within the leadership of our private railway and for him to have behaved exactly the same should leave only one outcome, the sack.

That aint going happen he a champion of public transport and highly regarded

I don't agree with all that Mr Dennis says, infact I am of the opinion he's even more of a plonker than me, however in principle the way of reporting unsafe railway situations is fundamentally broken at present.

- You report it to your company, they see you as a troublemaker, you are then sacked for an unrelated issue such as an untied shoelace.

- You go to Ciras, the independent safety body where you can anonymously report safety issues. Ciras shares an office with the RSSB, infact it is a handful of desks within the RSSB and it has been observed that staff make an "anonymous" report, Ciras then demand name, location, employer, pay number and this information is either being discussed or left out on desks for all to see - whilst bosses from the Train Operating Companies are wandering around the offices visiting RSSB officers - a gross breach of GDPR.

Can you back this up as its very concerning if this behaviour happens it would suggest that the whole safety reporting system is also rotten to the core then. This was really important a decade ago for subbies to be able to raise concerns about their individual employers which they couldn't do openly as majority were on zero hour contracts and would get blacked from that company.

 

[uww11x]

Hopefully he sues NR for millions.

 

[YoungJohnson]

https://londonlovesbusiness.com/4-t...ter-hendy-was-embroiled-in-big-controversies/

Scroll down to the first one in the list where Hendy said "Commuter train services into the capital are <expletive deleted>”. He was forced to apologise. If Hendy is so concerned about "bringing the rail industry into disrepute", then perhaps he ought to cast his own mind back to his own behaviour. Dennis expressed himself in business language as well, not simply cursing.

Ultimately bullying culture leads to the likes of the Post Office. Rail workers - whether they be the front lines, management or director level grades are going to be thinking twice about voicing anything, if this is the treatment they may face. Hendy clearly went out of his way using his considerable power and resources and thinly veiled threats to get someone who does not even work for him removed from their job for saying something not particularly controversial, and certainly far more restrained than Hendy did. That is frightening.

Given the behaviour of Peter Wilkinson previously at the DFT, it will be another case where both management and staff will be thinking "if you want to address bullying culture on the railways, sort it out amongst your own ranks first and lead by example".

 

[Goldfish62]

Though his expertise is rail. Essentially if he can't contract to NR he's redundant.

Plenty of work abroad.