heuuo.pdf

Page 1

CASE NO. 2415460/2020

IN THE EMPLOYMENT TRIBUNAL MANCHESTER

BETWEEN: -

MRS. KATHLEEN COLLINGE

and

PARKSTONE LIMITED T/A HOOPERS

JOINT BUNDLE OF DOCUMENTS


a0as EARLY CONCILIATION CERTIFICATE - Employment Tribunals Act 1996 518A Acas EC Reference Number R168812/20/00 Prospective Claimant Kathleen Anne Collinge The Worthington, Highgrove Ancoats Lane ALDERLEY EDGE SK9 71T

Prospective Respondent PARKSTONE LIMITED Company number 01603910 The Office Cheveley Park Stud, Duchess Drive, Newmarket, Suffolk, CB8 9DD Date of receipt by Acas of the EC notification - 13 July 2020 Date of issue by Acas of this Certificate - 14 July 2020 Method of issue - Email This Certificate is to confirm that the prospective claimant has complied with the requirement under ETA 1996 s18A to contact Acas before instituting proceedings in the Employment Tribunal. Please keep this Certificate securely as you will need to quote the reference number (exactly as it appears above) in any Employment Tribunal application concerning this matter.

l


Employment Tribunal

0ffcial Use Only

Claim form

Tribunal offe

@

Manchester [0ate received [ 02/10/2020

Case number You must complete all questions marked with an "

1.1

Title

1.2

Firt name (or names)

1.3

Surname or family name

1.4

Date of birth

1.5° Address

LM

] Ms

Ms

J

Kathleen

J

i

/Collinge

1

I

Are you? []Mate

[] Female

umien or name [The Worthington, high Grove Street [Ancoats Lane

own/Gty [Aldertey Edge ouny [Cheshire

seoe S1K19

+7,T,T,

1.6

Where we can contact you during the day

Phone number

[01565 873611

1.7

Mobile number {if different}

/07875 933303

1.8

How would you prefer us to contact you? (Please ik oiy onecox)

{77mail

1.9

Email address

lkittycollinge@gmail.com

[e

l

Whatever your preference please note that some documents cannot be sent electronically

1.10 fax number 1.11

Would you be able to take part in a hearing by video? (Requires internet access).

Er1 -Cdaim» fom (09.20)

] ves

To

further details on video hearings can be found on the following link https:// www.gov.uk/guidarce/ mctsh telephone- and-videohearings- during-coronavirus-outbreak

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2


11 2.1

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2.2"

Address

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Number ornarne 'The office, CLEVERLEY PARK STUDIO

I

S{reet Duchess Drive

Town/City !Newmarket

I

County Suffolk

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19DD,

Phone number 2.3* Do you have an Aas early conciliation certificate number?

ve

If Yes, please give the Aas early

] No

earty everyone stoukd have this nurnber before they fill in a cdaimn form. 'ou can find it on your Acas certificate. For help and advice, call Acas on 0300 123 HOO or vsit www.acas.org.uk

/R1 688 12/20/00

conciliation certificate number. lf No, why don't you have this number?

[]

Another person !'m making the cdaim with has an Acas early conciliation certificate number

[

Acas doesn't have the power to conciliate on some or all of my daim

[]

My employer has alreadybeen in touch with Acas

[]

My daim consists only of a complaint of unfair dismissal which contains an application for int erim

relief. (See guidance)

2.4 lf you worked at a different address from the one you have given at 2.2 please give the full address Address

3=5===============================~1

Number or name ~'

seet [ Aldertey Road

own/ay [ Wilmslow

[

county [CHESHIRE

SK,_9]

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Phone number

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[01625 525 381

Page 2

3


2.5

@

if there are other respondents please tick this box and put their names and addresses here. (lf there is not enough oom here for the names of all the additional esondents hen you can add any others at Section 13.)

Respondent 2 Name Address

Number or name

Street own/@y

County[

___.

Phone number

2.6

Do you have an Acas early conciliation certificate number?

LI »o

'early everyone should have this number hefore they fill in a daim form. You can fnd it onyour Acs certificate For help and advice, calAcas on 0300 123 110Oor visit www.acas.org.uk

If Yes, please give the Aas early conciliation certificate number. lf No, why don't you have this number?

fl

Another person l'm making the daim with has an Aas early condlia tion certificate number

[]

Aas doesn't have the power to conciliate on some or all of my daim

n

7 My employer has already been in tourh with Acas

[]

My cdaim consists only of a complaint of unfair dismissal which contains an application for interim relief. (See guidance)

Respondent 3 2.7

Name

Address

Number or name

own/Gty

County

Phone number

L

__,

?3ge 3


2.8

Do you have an Acas early conciliation certificate number?

] o

] te

ieaty everyone should have this number before they it in a ciai form. You car ndit on your Acas certificate For help ad advice, call Acas on 0300 123 1OO or visit www.4cas org.uk

lf Yes, please give the Aas early concilia ti on

certificate number

f No, why don't you have this number?

f} Another person !'m making the daim with has an Aas early conciliation certificate number [}

Aas doesn't have the power to conciliate on some or all of my daim

[]

Myemployer has already been in touch with Acas

[

My cdaim consists only of a complaint of unfair dismissal which contains an application for interim relief. (See guidance)

3.1

Ae you aware that your daim is one of a number of daims against the same employer arising from the same, or similar,

Cl es

] No

irumstances? lf Yes, and you know the names of any other daimants, add them here. This will allow us to link your d aim to other related daims.

4.1

lf you were not employed by any of the respondents you have named but are making a claim for some reason connected to employment (for example, relating to a job application which you made or against a trade union, qualifying body or. the like) please state the type of daim you are making here. (öu will get the chance to provide details later):

2%3.

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9st

4

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lf you are or were employed please give the following information, if possible. 5.1

When did your employment start?

[03/04/2013

Is your employment continuing?

] vs

lf your employment has ended, when did it end?

las/osr2o2o

If your employment has not ended, are you in a period of notice and, if so, when will that end?

] No

]

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5.2

Please say what job you do or did.

age 4

5


6.1

How many hours on average do, or did you work L2_4_0 each week in the job this daim is about? -

6.2

How much are, or were you paid?

__,·1 hours each week

Pay before tax . . £. _1 85 _3

___,

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Normal take home ¡ a5g {d, O{ire, mnmhision, bonuseset}---i 6.3

lfyour employment has ended, did you work (or were you paid for) a period of notice?

f

if es, how many weeks, or months notie did

[7o,

you work, or were you paid for? 6.4

Were you in your employer's pension scheme?

6.5

tfyou received any other benefits, e.g. company car, medical insurance, etc, fromyour employer,

Yes

_"y weels

[ Yes

r. '_.

weekly

[ Monthly

Weekly

} Monthly

f] N ] {months

l'

No

please give detail.

7.1

Have you got another job?

[] ve

No

If No, please go to section 8 7,2

Please say when you started (or will start) work.

Pease say how much you are now earing 7.à

trwill earn).

Page 5


Please et out the background and details of your claim in the space below. The details. of your daim should indude the date(s) when the event(s) you are complaining about happened. Please use the blank sheet at the end of the form if needed.

'

E!.

..

I

Page 7


9.1

Please tik the rel evan t box(es) to say what you

want if your daim is successful:

[j f daiming unfair dismissal, to get your old job back and compensation (reinstatement) } f daiming unfair dismissal, to get another job with the same employer or associated employer and compensation (re-engagement) ] Compensation only [] if daiming discrimination, a recommendation {(see Guidance). 9.2

What compensation or remedy are you seeking? ff you are daiming financial compensation please give as much detail as you can about how much you are daiming and how you have calculated this sum. {Pease note any figure stated below will be viewed as helpful informationbut it wid not restrict what you can aimand you will be permitted to revise the sum claimed bater. See the Guidance for further information about how you an calculate compensation). If you are seeking any other remedy from the Tribunal which you have not already identified please also state this below.

Page 8


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10.1 lf your daim consists of, or includes, a cdaim that you are making a protected disdosure under the Employment Rights At 1996 (otherwise known as a'whistleblowing' daim), please tik the box if you want a copy of this form, or information from it, to be forwarded on your behalf to a relevant regulator (known as a 'presaibed person' under the relevant legislation) by tribunal staff. {See Guidance).

Il

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lf someone has agreed to represent you, please fll in the following. We will in future only con tat your representative and not you. 11.1

Name of representative

!ciare Hansen

11.2

Name of organisation

'Usdaw

11.3

Address

Number or name15

sret

lois court

[

ow/y [warring ton

[

auro [cnesnire

[

Rstcode /W LAL1I 11.4

DX number (lf known)

11.5

Phone number

11.6

Mobile number (lf different)

] ]

11yRLLy

[01925 578 050

11.7 Their reference for correspondence 1.8

Emai I address

lclar~.hansen@usdaw.org.uk

11.9

How would you prefer us to communicate with them? {Please tick only one box)

O Email

D Post

] ve

No

___J

ü

11.10 fax number

12.1

Do you have a disability? If Yes, it would help us if you could say what this disability is and tell us what assistance, if any, you will need as your claim progresses through the system, induding for any hearings that maybe held

at tribunal premises.

P2ge 9


Section 2 allows you to list up to three respondents lf there are any more respondents lease provide their details here Respondent 4 Name

Address

Number or name

sreet/ own/City County

P stcode

l

"

L

Phone number

Do you have anAas early conciliation certificate number?

--------- ----

Je

o

Nearly everyone should have this number before they flt mn a claim form. You can fndit on your as cerifcate. For neln and advice, call Ácas on 0300 123 100 or visit www.acas.og.uk

- ----------------------

f Yes, please give the Aas early conciliation certificate number. lf No, why don't you have this number?

[]

Another person I'm making the daim with has an Acas early conciliation certificate number

[]

Acas doesn't have the power to conciliate on some or all of my daim

[}

My employer has already been

[]

My daim. consists only of a complaint of unfair dismissal which contains an application for interim relief. See guidance]

intouch with Acas

P?age 10

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Respondent 5 Name Address

I

Number or name Street ownity' outy}

]

----------------··-----·-__J

H[]e

Lilli

ll

Phone number

Do you have an Aas early conciliation

certificate number?

O

Yes

No

Neariy everyone should have this number before they fill in a clam form You can find it on your Acas certificate. or iel and advice, cai Acas on 0300 123 I00 or visit wwwacas.org.uk

If Yes, please give the Aas early conilia ti on certificate number. lf No, why don't you have this number?

[]

Another person !'m making the daim with has an Acas early conciliation certificate number

[]

Aas doesn't have the power to conciliate on some or all of my cdaim

[]

My employer has already been in touch with Acas

[]

My daim consists only of a complaint of unfair dismissal which contains an application for interim relief. (See guidance)

Please re-read the fom and chek you have entered all the relevant information. Once you are satisfied, please tik this box. [_] General Data Protection Regulations The Ministry of Justice and HM Courts and Tribunals Service processes personal information about you in the context of tribunal proceedings. For details of the standards we follow when processing your data, please visit the following address htts://www.gov.uk/government/organisations/ hm-courts-and-tribunals-service/about/personal-information-charter. To receive a paper opy of this privacy notice, please all our Customer Contact Centre: England and Wales; 0300 123 1024 Welsh speakers: 0300 303 5176 Scotland: 0300 790 6234 Tevtphone 18001 0300 123 1024 (England and Wales) Textphone. 18001 0300 790 6234 (Scotland)

Please note: a copy of the cdaim formor response and other tribunal related correspondence may be copied to the other party and Acas fr the purpose of tribunal proceedings or to reach settlement of the daim.

Page 11

t


In the Manchester Employment Tribunal

Case No:

Between: Mrs Kathleen Collinge - V

Claimant

-

Parkstone Limited Respondent

Grounds of Claim

Background 1.

The Claimant was employed by the Respondent as a Customer Assistant from 3 April 2013 until was dismissed by reason of redundancy on 9 July

she

2020. The Claimant claims her dismissal was unfair contrary to s98 of the

2.

Employment Rights Act 1996. 3.

On 5 June 2020 the Claimant was on furlough, but was informed by the Respondent, via e-mail, that due to business needs and a potential downturn in business, a re-structure may leave some colleagues at risk of redundancy.

4.

On 12 June 2020, the Claimant received official confirmation, via e-mail, that she was at risk of redundancy. The reasons given were that the Respondent detailed they were facing unprecedented times and facing reduced turnover.

5.

In the same e-mail, the Claimant was told that she had been put into a pool and had already been scored against her colleagues using a scoring matrix. This matrix consisted of the following criteria:a. attendance record for the previous two years, disciplinary record, c. co-operation, commitment and attitude to work, d. influence on others, e. ability to perform as a team player, f. enthusiasm for change and initiative to create improvement, g. flexible approach in relation to duties as well as working hours, h. knowledge and experience of job roles and i. planning and organising skills.

b.

6.

The Claimant was told that due to scoring lower than her colleagues, she would be at risk of redundancy. A copy of her scores was given and the Respondent set a consultation meeting for 18 June were she was given the right to representation.

L2..


a%.....cr From:

Sent: To:

Subject: Attachments:

Clare Hansen <Clare.Hansen@USDAW.ORG.UK> 07 October 2020 16: 14 ManchesterET 242013359000- Kathleen Collinge V Parkstone limited Kathleen Collinge - Grounds of Claim - Final.rtf; A TT00001.txt

Dear Mr Rooke Thank you for your e-mail dated 6/10/2020 from Employment Judge McDonald Please find attached the grounds of claim where the incorrect details has been amended and the correct claimant is in the title. Thank you for your support ind regards -Clare Hansen

This e-mail (including any attachments) may contain confidential and/or privileged information. Any views expressed in this message are the views of the individuai sender, except where the sender specifically states them to be the views of Usdaw. If you are not the intended recipient, any reliance on, use, disclosure, dissemination, dis tribution or cop ying of this e-mail or attachments is strictly prohibited. Please notify the sender and delete the e-mail and all attachments immediately. Do not open any attachment, copy, store or distribute the information or take any action in respect of

lt. Usdaw have taken steps to ensure that this email is free from viruses but the contents of an attachment may still contain software viruses, which could damage your computer system. We do not accept liability for any damage you sustain as a result of a virus introduced by this e-mail or any attachment and you are advised to use up-to-date virus _hecking software. E-mail transmission cannot be guaranteed to be secure or error free. Usdaw reserves the right to monitor E-mails in accordance with the General Data Protection Regulations. Senders of messages shall be taken to consent to the monitoring and recording of e-mails addressed to Usdaw. '

This message has been scanned for malware by Websense. www.websense.com

13


7.

A consultation meeting was re-scheduled for 23 June 2O20 in order for the Claimant to be represented by Clare Hansen from USDAW. During this meeting between the Claimant, Respondent and Representative, the scores were discussed and the Claimant objected to certain criteria such as absence history spanning over two years, which was unfair in comparison to colleagues who had a considerably shorter length of service. We also challenged certain subjective criteria as there was no evidence provided to support alleged poor behaviour and issues of conduct. The Claimant also raised an objection to the managers who scored her, as they were not direct line managers and could not give a fun picture of her full 7 years' service and knowledge as detailed in the selection criteria.

8.

A decision was made by the Respondent to postpone the meeting, as they wanted to re-evaluate the scores based on the Claimant's feedback. It was agreed to re-convene to a mutually agreed date on 1 July 2020.

9.

At the meeting on 1 July the Respondent agreed to change some of the scores and increased them in accordance with the feedback. They chose not to change the parameters for absence history and did· not get the views of any of the Claimant's line managers. The Claimant was not provided with any evidence of behaviours or conduct which should have been used to create her scores. The Claimant was not given a copy of any yearly appraisals. She was refused a copy of the business case to state the reduced turnover and concerns the Trade Union had about the decision to make redundancies so early into the pandemic.

8.

The Respondent advised that even with some of the Claimant's scores being increased, was still at risk of redundancy

9.

The Claimant e-mailed the Company again to ask for copies of appraisals from previous years. She wanted understand where performance, behaviours or conduct had ever been brought to her attention. The Claimant put an official Subject Access Request into the Company.

10.

Another consultation meeting was set for 9 July 2020 and during this meeting it was confirmed that the Claimant would be made redundant. This was confirmed in an e-mail which she received after the meeting.

11.

The Claimant sent an e-mail to the Company to appeal against the decision to dismiss her under redundancy.

12.

Due to the fact that the Claimant was waiting a considerable amount of time to hear back from the appeal, she contacted her Trade Union Representative, Clare Hansen, who in turn contacted the Company. We were told that no reasons had been given to appeal against the decision and it was agreed that the Claimant's Union Representative could contact' the Appeal Manager with her reasons for appeal. The Claimant waited for a letter inviting her to an appeal meeting with the Respondent.

she

to


13.

The Respondent failed to organise an appeal meeting and replied to the email which was sent, to tell the Claimant that the decision to make her redundant had been upheld

Claims 14.

The Claimant's selection tor redundancy was unfair.

15.

The Respondent failed to warnand consult: a. b.

16.

The Respondent failed to balance subjective and objective

a. b. c. 17.

b.

c.

selection criteria:

For criteria c} ) in clause 5 above, the Respondent relied on the personal opinions of managers which led to bias against the Claimant; Objective criteria accounted for only 80 marks out of a possible 275. The criteria were biased towards subjective opinions against the Claimant; Past performance appraisals were available but not applied

The Respondent failed to apply a.

18.

By correctly identifying the reason for redundancy, and failing to communicate any measures taken to avoid a redundancy situation; with the Claimant on her selection for redundancy and alternatives to redundancy

the scoring consistently

The Claimant's subjective scores were awarded by Team Manager Susan Marshall, Deborah Shaw and Pat Copp-Barton. Others in the pool were not scored by Susan Marshall. The Claimant had a difficult working relationship with her team manager Susan Marshall. The Claimant's i ne manager was not invoived in ihe scoring. The scores awarded initially by Shelia Marshall were all given the lowest in the band: The Respondent failed to genuinely apply their minds to the range of scores available to them. '

The Respondent failed to provide an adequate system for the Claimant to appeal

Remedy 19.

The Claimant claims a.

b.

compensation appropriate uplifts

1S


Employment Tribunal

Response form

/ase number /2415460/2020

You must complete all questions marked with an "

16/11/2020

anons 1.1

Additional RTF

name

Claimant's name

E Respondents deas ¡, Name of individual, company or organisation 2.2

I Parkstone Limited TIA Hoopers

Name of contact

2.3 Address

Number or name j2 - 12

~-=================================~

Street I Mount Pleasant Road Town/City jrunbridge Wells County jKent Postcode I T I N I 1

1 IQ I T I

DX number (If known) 2.4

Phone number Where we can contact you during the day Mobile number (If different)

2.5

How would you prefer us to contact you? (Please tick only one box)

2.6

Email address

O Email

D Post

Yes

Co

o

z

D Fax

Whatever your preference please note that some documents cannot be sent electronically

Fax number

2.7

Would you be able to take part in a hearing by video? (Requires internet access).

2.8

How many people does this organisation employ in Great Britain?

2.9

Does this organisation have more than one site in Great Britain?

Yes

Further details on video hearings can be found on the following link https://www.gov.uk/guidance/hmcts-telephone-and-video-hearingsdu ring-coron avi ru s-outb rea k

No

2.10 If Yes, how many people are employed at the place where the claimant worked?

ET3 - Response form (09.20)

rown copyright 2020

Le


ES Aas tardy oniliationdetails 3.1

Do you agree with the details given by the _] claimant about early conciliation with Acas?

ves

No

If No, please explain why, for example, has the claimant given the correct Acas early conciliation certificate number or do you disagree that the claimant is exempt from early conciliation, if so why?

4.1

Are the dates of employment given by the aimant correct?

17] ya,

I

Mo

If Yes, please go to question 4.2 If No, please give the dates and say why you disagree with the dates given by the rlaimant #ml

al

al l a

VWH HI

d

dal

IpIUyt a ru

When their employment ended or will end I disagree with the dates for the following reasons

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4.2

Is their employment continuing?

O

Yes

No

4.3

Is the claimant's description of their job or job title correct?

D

Yes

Elio

If Yes, please go to Section 5 If No, please give the details you believe to be correct

Page 2

17


lL eamiss a« benes 5.1

Are the claimant's hours of work correct?

D

Yes

0

No

If No, please enter the details you believe to be correct. 5.2

hours each week

Are the earnings details given by the claimant correct?

ve

0

No

If Yes, please go to question 5.3 If No, please give the details you believe to be correct below Pay before tax I £ (Ind. overtime, commission, bonuses etc.)

y

Normal take-home pay I £ (Ind. overtime, commission, bonuses etc.)

0

Weekly

0

Monthly

0

Weekly

0

Monthly

y

5.3

Is the information given by the claimant correct about being paid for, or working a period of notice?

D

Yes

0

O

Yes

Co

No

If Yes, please go to question 5.4 If No, please give the details you believe to be correct below. If you gave them no notice or didn't pay them instead of letting them work their notice, please explain what happened and why.

5.4

Are the details about pension and other benefits e.g. company car, medical insurance, etc. given by the claimant correct? If Yes, please go to Section 6 If No, please give the details you believe to be correct.

Page 3

18


6.1

Do you defend the claim?

z

ves

No

If No, please go to Section 7 If Yes, please set out the facts which you rely on to defend the claim. (See Guidance - If needed, please use the blank sheet at the end of this form.)

----- -

--

Page 4

9


l wlorers contrat daim 7.1

Only available in limited circumstances where the claimant has made a contract claim. (See Guidance)

7.2

If you wish to make an Employer's Contract Claim in response to the claimant's claim, please tick this box and complete question 7.3

7.3

Please set out the background and details of your claim below, which should include all important dates (see Guidance for more information on what details should be included)

Page 5


E vorreresentane If someone has agreed to represent you, please fill in the following. We will in future only contact your representative and not you. 8.1

Name of representative

8.2

Name of organisation

8.3

Address

[Jim Lister BLM Number or name I King's House Street

142 King Street West

Town/City I Manchester County osase 8.4

M,_3__2_N¡U,

DX number (If known)

8.5 Phone number

I

I

}

l

8.6

Mobile phone

8.7

Their reference for correspondence

8.8

How would you prefer us to communicate with them? (Please tick only one box)

[] Email

8.9

Email address

ljim.lister@bimlaw.com

8.1 O

Fax number

D Post

D Fax

lE oso»o 9.1

Do you have a disability?

L

Yes

C

No

If Yes, it would help us if you could say what this disability is and tell us what assistance, if any, you will need as the claim progresses through the system, including for any hearings that maybe held at tribunal premises.

Please re-read the form and check you have entered all the relevant information. Once you are satisfied, please tick this box. D

Page6


In the Employment Tribunal Manchester Case number 2415460/2020 Between Kathleen Collinge (Claimant) And Parkstone Limited (trading as Hooper's) (Respondent) Particulars of Response 1 )It is denied that the Claimant has been unfairly dismissed. The Respondent properly identified a redundancy situation affecting the Claimant, and then adopted a fair redundancy process, the application of which resulted in the Claimant's dismissal, by reason of redundancy. 2) Save a set out below, paragraphs 1 to 11 of the particulars of claim are admitted. 3) Paragraph 14 of the particulars of claim is denied. The Respondent correctly identified a redundancy situation, and reasonably concluded that the Claimant, and her colleagues working in the fashion department at the Wilmslow store of the Respondent, were affected by that redundancy situation. The redundancy situation arose because the Respondent had carefully analysed the footfall and income at its Wilmslow store, and had concluded that the available employee hours at the store were greater than those required to deal with the current and anticipated footfall,. Furthermore, current and anticipated reductions in income required a review of the level of overhead which could be supported. The Respondent considered other ways of saving overhead, but the only fixed costs which could be reduced sufficient to provide the savings required were those relating to salary costs. Alternatives to compulsory redundancy were considered, and the Respondent offered voluntary redundancy terms. As a result, 1 O applications for voluntary redundancy were granted, 4 of which came from the Claimant's pool. This was communicated to the Claimant. The Claimant was fully consulted in relation to the potential redundancy situation, and such consultation took place at meetings with her and her representative on 23 June, 1 July and 9 July 2020. 4) It is denied that the Respondent adopted a scoring system which unfairly failed to balance objective and subjective elements. The Respondent adopted a scoring system which closely resembles, but improves upon, the scoring system given as an example in the ACAS guidance on redundancy selection. The scoring system adopted fairly included elements relating to attendance disciplinary record work performance and expertise. The Respondent was conscious of the need to remove bias, or inconsistency because of different interpretations of the scoring system. The Respondent therefore introduced to scoring system which contained a detailed rubric setting out the particular behaviours and expertise which would justify particular scores. Scorers were instructed that all scores must be given supported by clear and demonstrate evidence, and the pro forma scoring sheet required the provision and discussion of evidence supporting each score given. Furthermore, scores were applied at scoring meetings, at which scorers challenged each other to justify their scores, and during which all scores were compared and discussed, in order to ensure that all individuals within the pool were being treated consistently and that all applications of the scoring criteria were being made in a consistent manner. The Respondent believes

22


that the process adopted, and the manner of its application, represented a model of good practice in relation to redundancy selection. S) lt is denied that there was an improper balance between objective and subjective criteria. The Respondent rejects the characterisation of elements in the scoring system relating to work performance and expertise as being "subjective". For the reasons aforesaid, the requirement for evidence to justify scoring decisions, the scrutiny applied to evidence between scorers and colleagues and the further stage of the process in which the Claimant was able to comment upon scores and those scores were reviewed, meant that scoring decisions were robust and fact based. The balance as between attendance, disciplinary record and work performance was appropriate, and fell within the band of reasonable responses. The Claimant was selected for redundancy, in large part, as a consequence of low scores given to the her in the relevant category because of her poor attendance record. If, as she contends, greater weight had been placed on criteria relating to disciplinary and attendance matters, the Claimant would have scored much lower, and would have been by some distance the lowest scorer in her pool. 6) In so far as it is alleged that a failure to provide the Claimant with her past appraisals rendered the scoring of her unfair, that is rejected. The Respondent concluded that basing scores upon yearly

appraisals was not sufficiently robust, because appraisals had been completed by a range of different appraisers, using different methodologies. The espondent R contendsatth ould have been itimpw roper and unfair to score employees by applying the outcomes of previous yearly appraisals.

7) It is denied that the Respondent acted unfairly in that different individuals within the pool were scored by different managers and the Claimant is wrong in this respect. The Respondent established that in relation to the fashion pool, Susan Marshall (store manager) and Deborah Shaw (operations manager) would be the initial scorers, and Pat Copp Barton would provide input to scores during the consultation process. It is not admitted that the Cl aimant had difficult working relationship with Susan Marshall, or that Susan Marshall was biased against the Claimant. The Claimant scored well in relation to performance and experience, but was bottom scorer because of very poor attendance.

8) It is denied that the Claimant was treated unfairly, in that her line manager was not involved in scoring. The Respondent asked experienced managers to carry out first stage scoring. The Claimant's line manager fed into scoring at the second stage and played a full role in the final scores accorded to the Claimant. The Claimant did not raise this concern either during the consultation process, or in her written appeal. 9) It is denied that the scores given by Susan Marshall and Deborah Shaw were unfair, and the Respondent does not understand the point made by the Claimant. It is denied that the Respondent failed to apply its mind to the range of scores available. As part of the consultation process, the Claimant had an opportunity to review the scores that had been given to her, and to comment upon them and ask for further points to be taken into account. She did this during the consultation process, and as a result, the Respondent reviewed and increased a number of her scores. During the consultation process, the Claimant expressed herself to be satisfied with the scores that she had been given. In all the circumstances, the Respondent acted within the reasonable band of responses.

23


1 O) It is denied that the Respondent failed to provide an adequate appeal procedure. There is no legal obligation to provide an appeal in relation to redundancy dismissals. Nevertheless, the Respondent reasonably considered of the appeal raised by the Claimant, and provided a full and carefully considered response to the points that she raised. 11) In all the circumstances, the Claimant was fairly dismissed. At the hearing of this matter the Respondent will refer to the fact that 147 individuals were made redundant as part of the process in which the Claimant was involved and the Claimant is the only individual to have brought a claim in relation to it. On the contrary, the Respondent has received supportive feedback from individuals involved in the process, including individuals who were made redundant, making reference to the fairness of the process and its implementation


In the Manchester Tribunal

Case No 2415460/2020

Between MRS K COLLINGE and PARKSTONE LIMITED

SCHEDULE OF LOSS

Financial Information

) Weekly Pay, Gross Weekly Pay, Net Daily Pay, Net

£197.04 £164.58 £23.45

Basic Award Date of Dismissal Years of Continuous Employment Age at Dismissal 10.5 multiplied by

09.07.20 7 68 £197.04

£2,068.92

Compensatory Award Loss to date of Hearing )

Date of Hearing Number of days loss

17/02/21 223 223 multiplied by

£23.45

£5,228.68

For tribunal to determine, but say 26 weeks 26 multiplied by

£164.58

£4,279.08

Future Loss of Earnings

Pension Loss Notice Pay

£0.00 £1,250.00


Holiday Pay Value of Fringe Benefits

I

'

£0.00 £100.00

Expenses of Job Hunting

£50.00

Loss of Statutory Rights

£350.00

Total Compensatory Award

£11,257.76

Total Claimed

£13,326.68


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S OF EMPLOY ENT First Name s : KATHLEEN ANNE

Surname: COLUNGE Address: ................ THE WORTHINGTON, HIGHGROVE, ANCOATS LANE, ALDERLEY EDGE, CHESHIRE, SK9 7TT

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Tele hone Number: 07875 933303

Date of Birth:

National Insurance Number: VP 77 37 61 B

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The terms and conditions of your employment with Parkstone Limited (trading as Hoopers), hereafter called "the Company", are as follows: COMMENCEMENT: Your employment with the Company began on:

3 April 2013.

JOB TITLE: The Company agrees to employ you as a Saturday sales consultant or in such other capacity as the Company may feei necessary. 1QLQArr: Your job is based at Hoopers in Wilmslow (but you may be relocated within the UK by mutual agreement). REMUNERAIoN: You will be paid monthly in arrears at the rate of £6.40 per hour to the above named bank. Your pay slip will show all other emoluments and reductions. Deductions from an employee's pay, other than those in respect of statutory requirements or court orders or similar, will not be made without the prior completion of an authority signed by the employee. You may also receive a discretionary bonus, this Is non-contractual and details of any payments will be given to you from time to time. Details of the current arrangements are available from the General Manager's office. Payments In Lieu of Notice In the event of notice being given by either party, we reserve the right to request you not to attend work during the notice period to which you would be entitled under your Contract, and to make a payment in lieu of the amount of wages due for that notice period, less appropriate amounts of tax and NI.

4/09

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HQURS QE _WORK

& OVERTIME:

Your normal hours of work will be 15 per week, excluding lunch

breaks. Sunday Trading You have become employed as a shop worker and can be required under your contract of employment to do Sunday work. Under the Employment Rights Act 1996 you have the right to 'opt out' of Sunday trading If you so wish by giving notice, as described In the next paragraph, to your General Manager. You wlll then have the right not to work In or about the shop on any Sunday on which the shop Is open once three months have passed from the date on which you gave the notice. Your notice must: be in writing be signed and dated by you say that you object to Sunday working For three months after you give the notice, your employer can still require you to do all the Sunday work your contract provides for. After the three month period has ended, you have the right to complain to an Industrial tribunal if, because of your refusal to work on Sundays, your employer dismisses you, or does something else detrimental to you, for example failing to promote you. Once you have the rights described above, you can surrender them only by giving your employer a further notice, signed and dated by you, saying that you wish to work on a Sunday or that you do not object to Sunday working and then agreeing with your employer to work on Sundays or on a particular day.

Extra Hours Hoopers reserves the right to Introduce late night trading or in any other way to alter the stores' operating hours and In this event, you may be required to work during these new hours. This includes working on Sunday and Bank/public Holidays when necessary. Advance warning will be given of an extension or alteration.

Hoopers provides a five day working week for full time staff, except during certain peak trading periods. Your Manager wlll advise you on how the five day rota works.

In normal circumstances an employee will receive credit for overtime by way of additional pay at the appropriate rate. Management reserves the right, however, to require employees to take credit for overtime by way of additional lieu time. The following rates will apply to overtime: (Basic hours are 37. 5 per week, or your contracted hours if these are greater). Hours worked on Sundays and Bank Holidays: Hours worked in excess of basic hours, assuming no Sunday or Bank Holiday working:

Paid or Lieu Time - Time and a half

Paid - Time and a half Lieu Time - Single time

Department Managers A part of management is accepting that occasions will demand a manager to spend more than the normal number of hours at work and not to receive nor expect additional payment. If substantial amounts of authorised overtime are worked credit will be given. This will normally be in the form of lieu time but paid overtime may be given In exceptional circumstances at the General Manager's discretion, to meet the needs of the business.

REFERENCES g MEDICAL EXAMINATrN: Your engagement is subject to and conditional upon satisfactory references, and, at the Company's discretion, to a satisfactory medical report following a medical examination. 4/09


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1ess) or production of a medicai certificate (If absent for more than 7 days) the following sickness benefits will be paid: During the first six months of service no company sickness benefit will be paid. Between six months and three years continuous service four weeks full pay will be given in any twelve month period. For this purpose the twelve month period is the twelve months preceding the day of sickness. • Between three and five years continuous service six weeks full pay will be given in any twelve month period. For this purpose the twelve month period Is the twelve months preceding the day of sickness. • After five years continuous service eight weeks full pay will be given In any twelve month period. For this purpose the twelve month period is the twelve months preceding the day of sickness. • •

Where no company sickness benefit is paid, statutory sick pay may be due on production of the necessary certificate, in accordance with the latest DSS guidance booklet, available for reference from the Payroll Office. The company reserves the right to withhold company sickness pay In certain circumstances. Employees' Handbook for further detalls.

See the

MATERNITY AND PARENTAL LEAVE: The Company is fully compliant with its obligations under the Maternity and Parental Leave etc and the Paternity and Adoption Leave (Amendment) Regulations 2008. Full details of the policy and procedures regarding maternity, parental and paternity leave are available on request from General Management. PENSIQNS: A Stakeholder Pension scheme Is available to all permanent employees on completlon of three months' service. Full details are available from the General Manager's office or the Group Personnel Manager.

DATA

PROTECTION:

The Company will maintain a personal file relating to your employment.

Theinformation held on youiiincwi iudesensitive personai data as defined in Part 1(ii) of the Data Protection Act 1998. Thls will include, amongstother things, sickness and heaith records and details of trade union membership, if applicable. The Company will not keep any Information which Is irrelevant or excessive to the employee relationship. Any queries relating to the Data Protection Act in connection with your personnel records should be addressed to the Group Personnel Manager. By signing these terms and conditions of employment you hereby give explicit consent {as defined in the Act) to the processing of personal and personal sensitive data for normal employment purposes. NogE QE TERMAINAIQN: During the first four weeks of employment, notice of termination of employment shall be one day by either party. After the first four weeks you are entitled to receive the following notice: I) il) ili)

Not less than one week's notice If your period of continuous employment is less than two years. Not less than one week's notice for each year of continuous employment If your period of continuous employment is two years or more but less than twelve years. Not less than twelve weeks' notice if your period of continuous employment is twelve years or more.

After the first four weeks you are required to give the following notice: i)

Not less than one week's notice If your period of continuous employment is less than two years.

11)

Not less than one week's notice for each year of continuous employment if your period of continuous employment is two years or more, up to a maximum notice of four weeks.

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Alderley Road, Wilmslow, Cheshire SK9 1PB Tel: 01625 525381 Fax: 01625 525363

I hereby accept this offer of employment at Hoopers on the terms detailed in my offer letter and Statement of Terms and Conditions of Employment.

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Signed:

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HOO PERS SICKNESS SELF CERTIFICATION This form is to be used for absences due to sickness lasting less than eight days. Please note that If sickness exceeds seven calendar days, a medical certificate from your doctor must be submitted.

Name Kathy Colllnge

Payroll 50942

Department Fashions

Branch WIimsiow

Period of Sickness What date did your sickness begin?

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Date you last worked

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Number of working days lost through absence Please give brief details of your sickness :

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Have you consulted a doctor and/or visited a hospital?

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Name of doctor/hospital (If you obtained a medicai certificate, please attach)

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The Company reserves the right to contact the doctor or hospital, or, If it Is deemed necessary, to gain an independent medical opinion {under the terms of the Access to Medicai Reports Act 1988 or the Access to Health Records Act 1990). The above details are true and accurate. action may be taken.

Empfoyee's Slgnnture:

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I understand that if any details are false, disciplinary

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HOOPERS SICKNESS SELF CERTIFICATION »

This form s to be used for absences due to sickness lasting less than eight days. Please note that if sickness exceeds sevencalendar days, a medlal certificate from your doctor must be ·submitted.

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(lf you obtained a medial certificate, please attach)

The Company reserves the right to contact the dotor or hospital, or, If It is deemed necessary, to galn an independent medical opinion (under the tams of the ts- Medea! Reports At 1988 or the Access to Health Records At 1990).

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The above details are true and accurate. I understand that If any details are false, disciplinary action may be

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HOO PERS RETURN TO WORK INTERVIEW FORM This form should be completed by the employee's line manager and returned to:

(insert name of senior manager) on the return to work of any employee for whatever reason, however short or long the period of absence. (If the employee has been absent for 7 calendar days or more a medical certificate must be submitted. For absences of less than 8 calendar days, a Company Sickness Self Certification form must be completed by the employee.) Name: \(.

Cok/wG

Line Manager/Interviewer: Date absence began:

Department:

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Date of interview:

26.4.4

3.2.4

Date of return to work:

3.2.4

1) Welcome employee back - explain the reason for the discussion 2) Discuss the absence - why were they absent? Reason for absence:

If the reason for absence was sickness, did you consult your doctor? If the reason was sickness, are you now fit to return to work? Do you have any underlying medical condition or type of disability? If the reason was a family crisis or other emergency, has this been resolved? Explanations:

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3) Responsibility - when someone Is away from work, it may not be their fault, but it is

their problem - employees have a contractual obligation to attend work. Were the sickness notification procedures followed correctly? Is there anything either party can do to prevent the absence from happening again? Comments:

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Move on - focus on getti ng back to work

Are there any actions that need to be taken ( eg briefing on events during absence, work needing to be done to catch up etc)

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Explanations:

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Signed by employee: Signed by manager:

Date:

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pate:

3.2.48

Manager's comments:

3/09

2-11b


Statement of Fitness for Work For social security or Statutory Sick Pay

Dato from page 1 of this form may be collected to learn about national patterns of sickness absence. Individuals will not be identified. Find out more at

Patient's name

(~Mrs, MiH, M.- Kathleen Anne Colllnge

I assessed your case on:

I

www.gov.ukldwp/fit-note-data Help getting back to work if you are employed If you've been off work or are likely to be off work sick for 4 weeks or more,

and, because of the following condition(s):

07

/ 02 1

2019

you may be able to have o free occupotionol health assessment. You will be able to discuss what advice and support you need to help you go bock to work sooner. You con ask your GP or employer to refer you. For further information: • in England and Wales visit www.fitforwork.org or phone 0800 032 6235 • in Scotland please visit www.fitforworkscotland.scot or phone 0800 019 2211.

flu-like illness

What your doctor's advice means 'You are not fit for work': Your health condition means that you may not be able to work for the period shown. You con go bock to work as soon os you feel able to and, with your employer's agreement, this may be before your fit note runs out. 'You may be fit for work': You could go bock to work with the support of your employer. Sometimes your employer cannot give you the support you need and if this happens your employer will treat this form as though you are 'not fit for work'. You don't need to get another of these forms from your doctor. For more information please visit www.gov.uk and type 'patients and employees' into the search field.

[] you ore not ft for wort.

I advise you that:

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If available, and with your employer's agreement, you may benefit from: [] e-pohe4euro-wok-

[J emended duties

[_] etered hours

[] wow«pleeode»to#ions

Comments, including functional effects of your condition(s):

Fill in the Your details section. You con ask someone to do this for you if you cannot fill in your details yourself.

Your details - Please use BLOCK CAPITALS samame

[wwwe.

Other names

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Address

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THE WORTHINGTON HIGHGROVE, ANCOATS LANE GREAT WARFORD

This will be the case for or from

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02

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to

18

/

02 / 2019

I will/will not need to assess your fitness for work again at the end of this period. (Pleose delete as applicable) Doctor's signature

Date of statement Doctor's address

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Chelford Surgery Elmstead Road, Chelford Macclesfield, SK11 9BS

Telephone: 01625861316 Unique ID: Med 3 01/17 C72346F0-6A0C4236-8387-A8727BE3E5CI

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ALDERLEY EGE

Date of birth

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NI number

57I) (33)

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Postcode

SK9 7TT

ssi]e»o[9723 833]

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What you need to do now • If you are employed: Please show this form to your employer. You could get Statutory Sick Pay (SSP) which is paid by your employer. If your employer cannot pay you SSP they will give you form SSP1 to claim benefits. o If you are self-employed: You could claim benefits. • If you are already claiming benefits: Please send this form to the office dealing with your claim. e If you need to make a claim to benefits: Visit www.gov.uk/browse/benefits or phone 0800 055 6688 (8am to 6pm Monday to Friday). Textphone users call 0800 023 4888.


HOO PERS RETURN TO WORK INTERVIEW FORM This form should be completed by the employee's Une manager and returned to: (Insert name of senior manager) on the return to work of any employee for whatever reason, however short or long the period of absence. (If the employee has been absent for 7 calendar days or more a medicai certificate must be submitted. Forabsences of iess than 8 calendar days, a Company Sickness Self Certification form must be compieted by the employee.)

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ate or intervew:

Date absence began:

Date of return to work:

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3.2.00 1) welcome employee back - explain the reason for the discussion 2) Discuss the absence - why were they absent? Reason for absence: If the reason f or absence was sickness, did you consult your doctor? If the reason was sickness, are you now flt to return to work? Do yu have any underlying medical conditionor type of disablllty? If the reason was a family crisis or other emergency, has this been resolved? Expia nations:

3/09

2-11a


HOO PERS SICKNESS SELF CERTIFICATION This form is to be used for absences due to sickness lasting less than eight days. Please note that If sickness exceeds seven calendar days, a medical certificate from your doctor must be submitted.

Name Kathy Colllnge

Payroll 50942

Department Fashions

Branch WIimsiow

d

Period of Sickness What date did your sickness begin? Date you last worked

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Time yvou nishe4 work'

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da).......ay ...I..l......1...........z....M.l... What date do you Intend to return to work? .1'£\CM.c\~.c(ay ...• \.Y. / ?.: 1 .. Number of working days lost through absence :1:f. d..~.? : . what ate

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Please give brief details of your sickness :

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Name of doctor/hospital •.•...•... l:>.C.(if you obtained a medicai certificate, please attach)

The Company reserves the right to contact the doctor or hospital, or, if it Is deemed necessary, to gain an independent medicai opinion (under the terms of the Access to Medicai Reports Act 1988 or the Access to Health Records Act 1990). The above details are true and accurate. action may be taken.

Employee's Signature:

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I understand that if any details are false, disciplinary

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Private t Confidential

ANNUAL REVIEW OE.PEREQRMANCE [ PERSONAL DETAILS;

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Head Of7ce Tunbridge Wells Kent

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SECTION ONE

PERFORMANCE FACTORS This sectlon enables you to describe how the employee goes about achieving the results of the job, by examining relative strengths and weaknesses along different performance factors. The employee's job description should be used as the basis for the assessment. For each factor use the COMMENTS space to give specific examples, typical of this employee's performance, which Illustrate their effectiveness and any factors which have influenced performance.

PERFORMANCE FACTOR AND DEFINITIONS 1) Selling

COMMENTS

Skills

(Sales staff only) }> Acknowledge

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SECTION TWO

OVERALL PERFORMANCE The objective of this section Is to provide the employee with a summary of their overall performance. Tick the box below which best summarises the employee's overall performance against work expectations. Your rating should consider the following: How well work assignments were achieved ; how the employee went about ach!ev!ng them; and what other results were achieved outside their job description. When possible, take Into consideration your experience with other employees In slmllar jobs. These indicators Include three ranges of acceptable and one level of unacceptable performance,

defined as follows:

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EXCEPTIONAL

> Achievements consistently exceeded the objectives and requirements of thelr job description, and surpassed Internal/external customer service expectations.

PERFORMANCE EXPECTATIONS ACHIEVED [

Achievements consistently met the objectives and requirements of their job description, and made a significant contribution to the business.

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ONGOIN«:ï DE\IELOPMENT } Some aspects of achievements did not always meet the required objectives of their job description. However, with improvements In designated areas, this employee should be able to perform at a satisfactory achievement level.

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UNSATISFA CTORY

► Achievéments consistently fell below objectives and requirements. ¡

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improvement is ese s ntial.

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SECTION THREE

WORK DEVELOPMENT PLAN Thls section enables you to review the employee's current Personal Development Plan, Briefly outline the development plan for the performance factors In Section One on which you have agreed that improvement_is_needed._In_addition, umayagree_areas_of_new_development for the next 12 months.

Briefögtine of Development Plan

Department Development Plan):

·

(the detail wIll be transferred on to a separate Personal or .

SECTION FOUR

Comments by senior manager (eg General Manager/Assistant General Manager):

Employee's comments (please make sure you have fully read and understood this report and make . any comments that you wish below):

Thfs appraisal has beenreviewed and discussed with the employee:

Employee: •.••••.••••••.•.•..••••.••••.••.•••...•.•......••.....••.•..•.......•..

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Manager: ....

Countersigning Manager:

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Date .................................•.......

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Signature of Manager


HOO PERS SICKNESS

SELE-CERTIFICATE

This form is to be used for absences due to sickness lasting less than eight days. Please note that if sickness exceeds seven calendar days, a medical certificate for the whole sickness period must be submitted. NAME: Kathy Colllnge

PAYROLL NO: 50942

DEPARTMENT: Fashions

BRANCH: Wilmslow

Period of Sickness

os

What date did your sickness begin:

............... day

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30 q (e, Noa ··..···-·-·....day ··········' ··~····· . ···,······

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Date you last worked:

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Time you finished work:

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What date did your sickness end? What date do you Intend to return to work?

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Number of working days lost through absence?

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Piease give brief detalls of your sickness:

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Have you consulted a doctor and / or visited a hospital?' Name ot doctor/ hospital

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The company reserves the right to contact the doctor or hospital, or, If It Is deemed necessary, to gain an Independent medicai opinion

Employee Declaration: ·.. The above details are·true and accurate. I understand that if any details are false, disciplinary action may be taken: Employee's Signature:

dl.- .. Q.. -<::sit~.

Date:

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HOO PERS RETURN TO WORK INTERVIEW FORM This form should be completed by the employee's line manager and returned to: (Insert name of senior manager) on the return to work of any employee for whatever reason, however short or long the period of absence. (If the employee has been absent for 7 calendar days or more a medicai certificate must be submitted. For abs ences of less than 8 calendar days, a C o mpany Sickness Self Certification form must be completed by the employee.) Name: Kathy Colllnge

Department: Fashions

Une Manager/Interviewer: Date absence began:

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Date of

interview:

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Date of return to work:

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1) Welcome employee back - explain the reason f or the discussion

2) Discuss the absence - why were they absent? Reason for absence: If the reason for absence was sickness, did you consult your doctor? If the reason was sickness, are you now flt to return to work? Do you have any underlying medical condition or type of disability? If the reason was a family crisis or other emergency, has this been resolved? Explanations:

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3) Responsibility - when someone is away from work, it may not be their fault, but it is their problem - employees have a contractual obligation to attend work. Were the sickness notification procedures followed correctly? Is there anything either party can do to prevent the absence from happening again? Comments:

4) Move on - focus on getting back to work Are there any actions that need to be taken (eg briefing on events during absence, work needing to be done to catch up etc) Explanations:

signéd

by employee:

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Date:

Manager's comments:

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HOOPERS RETURN IO WORK INTERVIEW FORM This form should be completed by the employee's iine manager and returned to: (Insert name of senior manager) on the return to work of any employee for whatever reason, however short or long the period of absence. {If the employee has been absent f or 7 calendar days or more a medical certificate must be submitted. For absences of less than 8 calendar days, a Company Sickness Self Certification form must be completed by the employee.)

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Date absence began:

Date of return to work:

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1) Welcome employee back - explain the reason for the discussion 2} Discuss the absence - why were they absent? Reason

for absenc e:

If the reason for absence was sickness, did you consult your doctor? If the reason was sickness, are you now fit to return to work? Do you have any underlying medical condition or type of disability? if the reason was a family crisis or other emergency, has thls been resolved? Explanations:

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3) Responsibility - when someone is away from work, it may not be their fault, but it is their problem - employees have a contractual obligation to attend work. Were the sickness notification procedures followed correctly? Is there anything either party can do to prevent the absence from happening again?

1'

Comments:

4) Move on - focus on getting back to work Are there any actions that need to be taken (eg briefing on events during absence, work needing to be done to catch up etc) Explanations:

Signed by employee:

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Signed by manager:

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i Manager's comments:

3/09

2-11b


HOO PERS SICKNESS SELF-CERTIFICATE This form is to be used for absences due to sickness lasting less than eight days. Please note that if sickness exceeds seven calendar days, a medical certificate for the whole sickness period must be submitted. NAME: Kathy Collinge

PAYROLL NO: 50942

DEPARTMENT: Fashions

BRANCH: WIimsiow

Period of Sickness

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What date did your sickness begin:

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Date you last worked:

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Tlme you finished work:

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What date did your sickness end? What date do you Intend to return to work?

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Number of working days lost through absence?

Please give brief details of your sickness:

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Have you consulted a doctor and / or visited a hospital? Name of doctor / hospital

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The company reserves the right to contact the doctor or hospital, or, If It Is deemed necessary, to gain an independent medicai opinion

Employee Declaration: The above details are true and accurate. I understand that if any details are false, disciplinary action may be taken: Employee's Signature:

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Date: •••••

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SICKNESS SELF-CERTIFICATE This form is to be used for absences due to sickness lasting less than eight days. Please note that if sickness exceeds seven calendar days, a medical certificate for the whole sickness period must be submitted. NAME: Kathy Collinge

PAYROLL NO: 50942

DEPARTMENT: Fashions

BRANCH: Wilmslow

Period of Sickness What date did your sickness begin:

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Date you last worked:

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Time you finished work: What date did your sickness end? What date do you Intend to return to work?

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Number of working days lost through absence?

Please give brief details of your sickness:

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The company reserves the right to contact the doctor or hospital, or, if It is deemed necessary, to gain an independent medical opinion

Employee Declaration: The above details are true and accurate. I understand that if any details are false, disciplinary action may be taken:

Employee's Signature:

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(À..: ili.J.~···························

Date:

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Summarising my meeting with Debbie, Pat and Elina on Saturday 25" October 2019 I was asked to attend the above meeting regarding an Incident which took place In Hoopers' Staff Canteen on Friday, 25 October 2019 involving Eve, Elina and myself. Elina's complaints regarding me were:1. 2.

I had stood too close to the only microwave in use which she was using There were 30 seconds remaining before she needed to add water to her food in a cup. She accused me of starring into her cup whilst she was stirring In the water. This was impossible because the kettle was near the sink. 3. She didn't like the look on my face when i looked at Eve who was talking to me. 4. She had to tell me she was still using the microwave when I thought she had finished with it. At the meeting I realised Elina wanted to bring up her other complaints again, ln finite detail, which had already been dealt with by Pat. Debbie invited me to respond but I was lost for words at the minutiae of her complaints. t wouldn't have be enable to defend myself anyway as Elina constantly interrupted everyone after she had her say. Thankfully Pat intervened to say that we were there to discuss Friday 25" October. Lunch time Friday 25" October

i was in the queue leaning against the fridge to use the microwave. Eve was speaking to me and Elina pushed her way in between us, bumping Into me, I think on purpose saying 'excuse me' after

the event.

Eve didn't hear Elina say this as her back was to Eve. Eve witnessed Elina bumping into

me and said to Elina 'that was really rude of you to barge through like that' Elina then aggressively blurted out 'i did say excuse me' and shouted out to the restof the staff in the canteen 'did anyone hear me say excuse me' she then shouted to Eve 'you' d better get your facts straight in future'. You could have heard a pin drop inthe canteen ! think everyone was shocked by this outburst. She certainly showed her true colours that day.

I didn't look at Elina never mind speak to her but she took a dislike to me being there. I asked Eve not to say anything and to Just let it go but someone else reported it to Andrea.

)

I cannot understand why Elina Is so unapproachable on the fashion floor and unwilling to be a team member. If approached and asked to help with anything she replies 'you're not my boss'. If there ls a problem, she Is incapable of talking things through with her colleagues without going on the defensive and refuses to listen to what you have to say thus putting her fingers in her ears and going 'la la la'. Her alternative is to go to management and complain about her colleagues. I for one, am fed up of walking on eggshells when she is near me as I find her intimidating. I believe one of her latest complaints Is that I am following her around the floor. At the end of our meeting I did ask Elina if she has a problem with me or anyone else for that matter, would she discuss the situation hopefully in a non-aggressive manner with her colleagues on the floor (like everyone else does) instead of running to management. I can only hope she will.


HOOPERS RETURN TO WORK INTERVIEW FORM This form should be completed by the employee's line manager and returned to: (Insert name of senior manager) on the return to work of any employee for whatever reason, however short or long the period of absence. (If the employee has been absent for 7 calendar days or more a medicai certificate must be submitted. For absences of less than 8 calendar days, a Company Sickness Self certincation form must be completed by the employee.)

ame:

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une Manager+mere. , Mc Date

absence began:

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Date of return to work: zç tu(t,

1) Welcome employee back - explain the reason for the discussion

2) Discuss the absence - why were they absent? Reason for absence:

If the reason for absence was sickness, did you consult your doctor?

If the reason was sickness, are you now flt to return to work? Do you have any underlying medical condition or type of disability? If the reason was a family crisis or other emergency, has this been resolved? Expia nations:

3/09

2-11a

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3) Responsibility - when someone is away from work, it may not be their fault, but it is their problem - employees have a contractual obligation to attend work. Were the sickness notification procedures followed correctly? Is there anything either party can do to prevent the absence from happening again? Comments:

4) Move on - focus on getting back to work

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Are there any actions that need to be taken (eg briefing on events during absence, work needing to be done to catch up etc)

Explanations:

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Manager's comments:

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Date: Date:

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2"January 2020

For the attention of Debbie Hoopers Department Store

Dear Debbie, Please find attached a sick note provided by my doctor.

Dr.Duce refused to write a note stating that I was unable to use the stairs and must be allowed to use Hoopers' Customer Service lift, as she felt that It was a Hoopers Occupational Health Issue and not a National Health Service Issue. After a physical examination of my left groin and hip, she said that ! was not physically fit to return to work.

Regards Kathy Collinge


; Statement of Fitness for Work

For social security or Statutory Sick Pay Patient's name

[Mr,Mrs, Miss, Ms Kathleen Anne

__.... t I assessed your case on: ]

and, because o

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I advise you that:

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Collinge

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to discuss what advice and support you need to help you go back to work sooner. You can ask your GP or employer to refer you. For further information: o in England and Wales visit www.fitforwork.org or phone 0800 032 6235 in Scotland please visit www.fitforworkscotland.scot or phone 0800 019 2211.

and, with your employer's agreement, this may be before your fit note runs out. 'You may be fit for work": You could go back to work with the support of your employer. Sometimes your employer cannot give you the support you need and if this happens your employer will treat this form as though you are 'not fit for work'. You don't need to get another of these forms from your doctor. For more information please visit www.gov.uk and type 'patients and employees' into the search field,

If available, and with your employers agreement, you may benefit fror: []mended dies

Help getting back to work if you are employed If you've been off work or are likely to be off work sick for 4 weeks or more, you may be able to have a free occupational health assessment. You will be able

What your doctor's advice means 'You are not fit for work': Your health condition means that you may not be able to work for the period shown. You can go back to work as soon as you feel able to

ore not for wort.

[_]opshoedotuma-to-wor-

Data from page 1 of this form may be collected to learn about national patterns . of sickness absence. Individuals will not be identified. Find out more at www.gov.uk/dwp/fit-note-data

wow«wee4ootos

Comments, including functional effacts of your condition(sh:

Fill inthe 'Your details section. You can ask someone to do this for you if you cannot fill in your details yourself. Your details - Please use BLOCK CAPITALS

i

'--------------------------------------,-+--

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Doctor's signature

Date of statem ent

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Doctors address ChelrordSurgery Elmstesd Road, Chelord Macclesfield, SK11 9s

Telephone: 01625881316 Unique ID: Med 3 01/17 68741FSC-24A-4688-A90- 2F6879648EB

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Other names

[KATHLEEN ANNE:

Address

THE WORTHINGTON HIGHGROVE, ANCOATS LANE

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GREAT WARFORD

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I will/will not need to assess your fitness fr work again at the end of this period. (Please delete as applicable)

samome

ALDERLEY EDGE

Postcode sk7TT

Date of birth

Lzn

NI number

YIP EGE GB) €I) I

nos+Joelo7gg @33303

What you need to do now o If you are employed: Please show this form to your employer. You could get Statutory Sick Pay (SSP) which is paid by your employer. If your employer cannot pay you SSP they will give you form SSP1 to claim benefits. e If you are self-employed: You could claim benefits. e If you are already claiming benefits: Please send this form to the office dealing with your claim. o If you need to make a claim to benefits: Visit www.gov.uk/browse/benefits or phone 0800 055 6688 (8am to 6pm Monday to Friday). Textphone users call 0800 023 4888.

w


HOOPERS RETURN TO WORK INTERVIEW FORM This form should be completed by the employee's line manager and returned to: (Insert name of senior manager)

on the return to work of any employee for whatever reason, however short or long the period of absence. (If the employee has been absent for 7 calendar days or more a medicai certificate must be submitted. For absences of less than 8 calendar days, a Company Sickness Self Certification form must be completed by the employee.) Name; i<

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1) Welcome employee back - explain the reason for the discussion 2) Discuss the absence - why were they absent?

Reason for absence: If the reason for absence was sickness, did you consult your doctor? If the reason was sickness, are you now fit to return to work? Do you have any underlying medical condition or type of disability? If the reason was a family crisis or other emergency, has this been resolved? Explanations:

3/09

2-11a


3) Responsibility - when someone is away from work, it may not be their fault, but it is their problem - employees have a contractual obligation to attend work. Were the sickness notification procedures followed correctly? Is there anything either party can do to prevent the absence from happening again? Comments:

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Manager's comments:

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2-11b


---------- Forwarded message --------From: My Hoopers <myhoopers@hoopersstores.com> Date: Fri, 5 Jun 2020 at 13:19

Subject: All Hoopers Staff - Respond if Applicable** To: All Hoopers Wilmslow <AllHoopersWM@hoopersstores.com> Dear All, As you know and have been living through these last few months, the Covid 19 pandemic has had a devastating effect on our lives. This is also true of the impact it has had on our business. As we reopen stores on reduced hours and following new Covid 19 guidelines which will restrict our ability to trade in the same way as before; our turnover is budgeted to be greatly reduced from prepandemic levels. This inevitably will mean that we will not be able to sustain our current cost base and remain viable.

It is with great regret that we have concluded that we will need to make structural changes to our current staffing levels where there is a reduced level of work required in the business. This e mail is to inform you of the fact we will need to begin redundancy consultations with those people whose roles are deemed to be at risk of redundancy. Before this process begins we are in a position to offer individuals the opportunity of voluntary redundancy. Those individuals who volunteer and are granted voluntary redundancy will receive a statutory redundancy payment at the end of their contractual notice period and will also receive their notice payment throughout, or statutory minimum notice period, whichever is the greater. There will be no requirement to come into work during the notice period. A payment will also be made for any holiday which is accrued but untaken at the end of this period. Please be aware this does not necessarily mean any voluntary requests will be automatically accepted but all applications will be considered before the next steps of the process begins. If you wish to be considered as taking voluntary redundancy, please respond to this email no later than close Monday 8th June.

Tanya Kavanagh PA to Managing Director Hoopers Department Stores


---------- Forwarded message --------From: My Hoo pers <myhoopers@hoopersstores.com>

Date: Tue, 9 Jun 2020 at 17:19 Subject: **All Hoopers Employed Staffi'* - Update To: All Hoopers Wilmslow <AllHoopersWM@hoopersstores.com> Dear All, Following the email sent to all employees last Friday 5" June where we explained how the impact of Covid 19 will affect our business, we presented the offer of applying for voluntary redundancies, and we are now in a position to update you. Thank you to the staff that have volunteered for redundancy, we will be in contact with you shortly, unfortunately the numbers who have volunteered do not offset the need for us now to move into a period of individual consultation for those roles that are deemed to be at risk. If you are affected, you will receive communication via email to arrange a date and time for your first telephone consultation by close Saturday this week. Once consultations are completed, a further email to the group will be sent confirming the end of the process. Please be mindful that some of your colleagues may be about to go through a consultation period at this time and we ask you to be considerate in any communication you may have either within or away from the workplace.

Tanya Kavanagh PA to Managing Director Hoopers Department Stores Head Office, Mount Pleasant Road, Tunbridge Wells, Kent, TNl lQT Tel: 01892 553265

Debbie Shaw Operations Manager Hoopers Department Stores Hoopers, 35 Alderley Road, Wilmslow, Cheshire, SK9 1PB Tel: 01625 525381


Parkstone Limited T/A Hooper Mall - Ne: "HI

23/0 7/2020

HOOPERS

HOOTS

Empoyeu oua

• vuove

Debbie Shaw <debbleshaw@hoopersstores.com>

Re: "AII Hoopers Employed Staff • Update 1 message 15 June 2020 at 12:54

My Hoopers <myhoopers@hoopersstores.com> To: Kathy Collinge <kittycollinge@gmail.com> Cc: Debbie Shaw <debbieshaw@hoopersstores.com> Dear Kathy, No problem ata!!. Please keep in direct touch with Debbie on the emaii address copied in - and she will be date and time if necessary.

able to offer an aiterative

Debbie will be hosting your first consultation, and this will be by telephone. We can conference call in a team member or union representative should you so wish. Prio rt o your meeting for your reference please find attached a blankcopy of the companles scoring matrix, aiong wiin guidance notes on which have been used to ascertain your scores. Kathy - you have copied in all your team members in Wilmslow on your response. I'm not sure if this was Intentional, but wanted ---·-·---- to -- nrina -·--·- it.. to -- vour attention.

.

Kind regards Tanya

On Mon, 15 Jun 2020 at 12:49, Kathy Coliinge <kittycoilinge@gmail.com> wrote: i To Tanya Kavanagh ,1am presently awaiting a call back fr ommy jsdaw union representative as i would Ake them to bein attendance : when Debbie Shaw calls me provisionally on Thursday 18th June at 3.00 pm. I will of course confirm the time or a

· proposed time when my representative can attend. ·f inthe meantime can you tell me if Debbie Shaw will be using Zoom? i ,Sent from my iPad ·e

On 9 Jun 2020,

at 17:19, My Hoopers <myhoopers@hoopersstores.com> wrote:

) Dear All, Following the email sent to all employees last Friday 5 June where we explained how the Impact of Covid 19 will affect our business, we presented the offer of applying for voiuniary redundancies, and we are now in a position to update you. Thank you to the staff that have volunteered for redundancy, we will be In contact with you shortly, unfortunately the numbers who have volunteered do not offset the need for us now to move Into a period of individual consultation for those roles that are deemed to be at risk. If you are affected, you will receive communication via email to arrange a date and time for your first telephone consultation by close Saturday this week. Once consultations are completed, a further email to the group will be sent confirming the end of the process.

Please be mindful that some of your colleagues may be about to go through a consultation period at this time and we ask you to be considerate in any communication you may have either within or away from the workplace. https://mall.google.com/mall/u/8?Ik=d034486599&lew=pt&search=all&permthid=thread-%341669038959396229644%7Cmsg-P%34166956583...

1I2


Parks to ne Limited TIA Hoopers Mall - Re: "All Hoopers Employed Staff" • Upaa e

23/07/2 020

Tanya Kavanagh PA to Managing Director Hoopers Department Stores

Head Office, Mount Pleasant Road, Tunbridge Wells, Kent, TN1 1QT Tel: 01892 553265 You received this message because you are subscribed to the Google Groups "All Hoopers Wilmslow" group. To unsubscribe from this group and stop receiving emails from it, send an email to AIIHoopersWM+unsubscribe@hoopersstores.com.

Tanya Kavanagh PA to Managing Director Hoopers Department Stores

Head Office, Mount Pleasant Road, Tunbridge Wells, Kent, TN1 1QT

Tel: 01892 553265 @@) 'loopers Redundancy Selection Matrix 2020.doc 246K

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R .

Head Offi ce, 2 - 12 Mount Pleasant Road, Tunbridge Wells, Kent, TN1 1QT

SELECTION MATRIX INDIVIDUAL ASSESSMENT NAME: Kathy Collinge SELECTION CRITERIA GROUP 1 PERSONAL RECORD

STORE: Wilmslow POINTS AVAILABLE

POINTS GIVEN

1.1 Attendance record

o- 50

1

1.2 Olscfpllnary record

o- 30

30

SUB-TOTAL

O - 80

31

GROUP 2 WORK PERFORMANCE AND EXPERTISE

POINTS AVAILABLE

POINTS GIVEN

2.1

Work performance (quality, quantity, standards, approach to safety}

SUPPORTING EVIDENCE/EXAM PLES

35 days - 11 Occasions

Clear

SUPPORTING EVIDENCE/EXAMPLES Usually turns out good quality work with only occasional lapses. Requires little pushing to work hard. Gets the job done. Generally works with care and attention to safety.

O - 30

16

Processing sale at Incorrect price Putting stock on floor with refund label attached Occasionally will lack familiarity of stock unaware of new Items missing from floor Is occasionally awkward or unhelpful. May fail to balance personal responsibilities against personal rights and expectations

2.2 Co-operation, commitment, attitude to work

0-25

6

Reluctant to adhere to instruction Is she disagrees Challenges many rules - tights, wearing coat on shop floor, taking water onto the floor, exceeding break/lunch time Using mobile on shop floor Personal phone calls on company telephone


--

-· --~ a team player (social skills, respect of peers) -

.

o

4?

%

Sometimes shows behaviour that does not help team relationships or has one or two colleagues with whom there is obvious friction. Tends to consider personal needs at the expense/to the disregard of the needs of the team Confrontations on shop floor and staff canteen with Elina Davis leading to meetings to resolve the situation Extended breaks/lunches Impacting on colleagues Wandering off the floor for personal shopping during work time Chatting with colleagues Challenging store manager on various issues - tights- shopping

GROUP 2(continued} WORK PERFORMANCE AND EXPERTISE

POINTS AVAILABLE

POINTS GIVEN

SUPPORTING EVIDENCE/EXAMPLES can be a poor influence on others by attitude or performance. When added to a team, tends to drag is down. Generally negative In approach

)

2.4 Influence on -

performance and attitude of therso

O - 15

4

Will challenge many decisions and is very vocal In response. Will share her opinion with colleagues creating an unsettled

atmosphere.

-

Highly criticai of management response to

· BarbaraSh uttleworth's departure - op inion sbawsl unit nsll ets#R p ss ass cast

tatGo tt

-

Critical of incentives/promotions - opinion shared - negative attitude

Runs with the pack and will conform to what she perceives as the norm. Will never take the initiative to chanae thinas

2.5 Enthusiasm for ,I

change and initiative to create improvement

2.6 Flexible approach, In relatlon to duties as well as working hours

O -15

3

O - 40

11

Reluctance to embrace new Incentives/promotions - Not worth opening a Hooper's Account for the £5.00 incentive, despite this being part of the role. Calculated the company's gain from these and Implied it should be £10.00 at least £10.00 bonus given to any member of staff who received written complimentary feedback was introduced to make Susan Marshall look good! And unachievable Ability to acquire new skills/knowledge and take on new tasks seems to be confined to a familiar field of activity rather than venture beyond conventional boundaries. Maybe reluctant to work outside familiar field of activity although the ability may be there Inflexible - will sign in on shop floor and immediately return to the locker room to

518


make a phonecall to advise husband of lunch time. WIii leave the floor 5 minutes ahead of the end of shift to use the ladles prior to leaving Historically reluctant to attend to refunds Stockroom can be a challenge due to shoulder Injury Staircase a challenge due to groin/hip Injury Exerted the right to opt out of Sunday trade Unhappy about the change to stocktake hours and the move from Thursday to Saturday evening

2.7 Knowledge and experience of job role(s)

Ability of knowledge and experience but reluctant to work outside familiar field of activity although the ability may be there 0-35

11

Average/ good

2.8 Planning and

0- 20

9

SUB-TOTAL

0-195

64

GRAND TOTAL

O - 275

95

organizing skills

Supporting comments: For example any special personal qualities, abilities, skills that should be noted. Kathy is always smartly dressed although does not consistently adhere to uniform guidelines. Sales skill are good and certain, specific tasks within her role, performed well - replenishing sold items Will challenge many issues but this can be perceived as positive in some instances


SELECTION MATRIX GUIDANCE NOTES

1.1

Attendance Record: All sickness absence in the last 2 years should be counted excluding only where absence is due to a works' accident unless this was known to have been caused by the individual's own negligence. (NB: Maternity leave and absence which is due to a disability should not be counted). The scale to be used is: Count the number of days' absence and Points

30 20

score points as follows:

Days' Absence

0-5 t

-- LU

10

11-15 16- 20

5

21- 30

1

31-40 40+

15

o

Count the number of separate occasions of absence and score points as follows: Points

20 4y

±

Occasions

0-2 3

15 12

4 5 6 7 8

10 7 5 2 i

u

9 $n± d

e

t

Add the two totals together to make the total Attendance Record score.


2.4

Influence on Others:

Sets a good example and is always a good Influence on others. Positive attitude rubs off on colleagues. .

13 - 15

Tends to Influence colleagues towards improving work habits ( eg timekeeping, work rate etc)

10 -12

A neutral Influence on others. Swims with the tide. Follows the team behaviour rather than Influences It.

7-9

Can be a poor influence on others by attitude or performance. When added to a team, tends to drag It down. Generally negative In approach.

4-6

A bad Influence on others. Consistently acts as a drag on the performance

of colleagues by his/her attitude and work habits. 2.5

0-3

Enthusiasm for Change and Initiative to Create Improvement: Always looking for Improved ways of doing things - both for themselves and to bring Improvements for the company. Frustrated by doing things as we always have when a better way can be seen. Pushes to get the job done in a better way 11-15 Will co-operate with change but usually walts for others to take the initiative. Questioning approach. Can see the benefits and opportunities to do things differently. 6 - 10 Runs with the pack and will conform to what he/she perceives as the 'norm'. WIii never take the Initiative to change things.

3 -5

Hostile to change and sees It as a threat. Looks to "the system" to keep things as they are. Quick to point out the drawbacks of change and the importance of custom and practice, the old methods, current agreements, etc. 0-1 2.6

2.7

Flexible approach, In relation to duties as well as working hours: Can always be relied upon to be flexible within contracted hours or department areas worked within or duties requested

31 - 40

Will adjust flexibility within contracted hours, department areas or duties worked when able to do so dependant on individual needs

21-30

Needs to be encouraged and/or persuaded to consider any adjustment to contracted hours, department areas worked within or duties requested

11 - 20

Unable or unwilling to be flexible on contracted hours, department areas worked within or duties requested

O - 10

Knowledge and experience of job role(s) : Exceptional and exceeds expectations

30 - 35

Works well and demonstrates a good working knowledge and experience in the role

21 - 30

57


1.2

Disciplinary Record: Use previous 2 years' records. 'Spent' warnings a re to be Included.

30 . . 23 - 29 . 15 - 22 . 6-14

Clean record Minor record, restricted to recorded performance counselling More than one Instance of recorded performance counselling Written warning More than one written warning, possibly including a final written warning

2.1

0-5

Work Performance: Always turns out an excellent job. Quality and quantity do not need checking. Works hard and delivers results without chasing. Can be relied on to take a careful, responsible approach to job safety.

24 - 30

Usually turns out good quailty work with only occasional lapses, Requires iittie pushing to work hard. Gets the job done. Generally works with care and attention to safety.

16 - 23

Quality of work is variable. "Rework" sometimes necessary. Quantity of work sometimes okay but tends to slacken If not watched. Occasionally careless with regard to own safety and well-being and/or that of others.

. ..... 7 - 15

Generally does not produce good quality work. Needs chasing and checking or work quantity becomes poor. Cannot be relied on to behave with ca re and attention to own safety and weii-being and /or that of others...

2.2 Cc-operation,itrert, erk Corm

0-6

Attitud

Aiways heipfui and committed to business success. Sees the positive side of tasks to be done and gets on with it with commitment and speed. .............. 20 - 25 Tends to be co-operative and usually has a helpful and positive attitude to work and business success

13 - 19

is occasionaiiy awkward or unneipfui. May faii to baiance personai responsibilities against persona! rights and expectations. .................................... 6-12 Frequently awkward and troublesome. Blows up difficulties out of proportion. Exaggerated sense of personal rights and expectations versus personal responsibility.

2.3

0-5

Ablllty to Perform as a Team Player: Well liked and respected by colleagues. Never a source of friction in the team. Positive and active contributor to the goals of the whole team

12 - 15

Usually a popular team member, rarely involved in interpersonal difficulties with colleagues. Considers the team's needs as well as own.

8-11

Sometimes shows behaviour that does not help team relationships or has one or two colleagues with whom there is obvious friction. Tends to consider personal needs at the expense/to the disregard of the needs of the team. .....

4-7

Often the source of friction in the team. Colleagues find him/her a difficult and disruptive influence. Considers only personal needs with llttle or no regard for the needs of the team................................................................................

O - 3


Ability of knowledge and experience but reluctant to work outside familiar field of activity although the ablllty may be there. . Has difficulty acquiring knowledge or extending beyond what is very familiar. May be resistant to learning anything new.

2.8

11-20

0-10

Planning and organizing skills: Exceeds expectations

15- 20

Average / Good

9-14

Fair / Poor

0-8


Section VR VR VR

1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1

0 {5

t


0M

Section

Mame

a.

VR VR vR

1.1 Kathy Collinge

{fo er-tr

Score

Section

NUA NA NIA

(J

Score

Section Score 2.4 NIA NIA NIA

2.3

NIA NIA NIA

2.2

2.1

80 80

14 z3

12 19 13 19

57

28

20

80 80

16 27 17 23

13 21 19 15

Section Score 2.5 NIA NIA NIA 2.5

2.4

2.3

23 23

80

U

Secion

31 55

?

-{)

Section Score 2.2 NIA NIA NA

Score

2.1

NIA NIA NIA

xct-S

11 12 11 11 14

8 11 11 5

8

9 8 9 13 7

9 8 10

Section

Section Score 2.6 NIA NA NIA 2.6 10 5

Score

Section

NA NIA NA

Total

NIA NIA NIA

NIA NIA NUA

2.8

2.7 21

28

20

30 21

5

17

10 12 5 10 5 10

28

28

35 11 30

33 25 25 22 30

17 25

Sco re

2.8

2.7

14 14 10 14 19 11 13 11 15

158 Final 187 Final 179 FHal

222 Final 231 476 228 190

Final Final

Flal Flna l

475 Fial


HOOPERS Head Office: Mount Pleasant Road, Tunbridge Wells, Kent TN1 1QT Tel: 01892 530222 Fax: 01892 549715

Private & Confidential Kathleen Collinge

BY EMAIL 12" June 2020

Dear Kathleen I write in confirmation of my informal email communication today, where I explained to you that it was with much regret that I had to advise you that your role is at risk. An overview of the reasons for this potential redundancy situation is that the company is facing unprecedented times as we move to phased reopening of our stores. There is a very real threat of much reduced turnover as we adapt to retail demand post the lockdown caused by the Covid 19 pandemic. To be able to mitigate this loss it will entail reducing our cost base. In many areas of the business we are expecting a significantly reduced level of workload, and therefore need to make staffing cuts. As explained, your role forms part of a pool, and as such provisional scoring has been prepared for all members of this pool, and in some areas of the matrix you have scored lower than your peers hence your individual role is at risk. Attached to this email is a copy of your provisional scores. There will now be a period of formal consultation with you, so we can discuss the situation in more detail and consider any alternatives there may be to avoid redundancy, including any proposals you may wish to put forward yourself. I have proposed that your first formal telephone consultation meeting would be on Thursday 18" June at 15.00. I can advise you that you can be accompanied on the telephone meeting by a work colleague if you so wish. I want to make it clear that this meeting is the beginning of the process and no decisions relating to your continued employment will be made at this meeting. However, if we are not able to identify any alternatives during or after this meeting, it is likely that I will ask you to attend a further consultation meeting to discuss your continued employment. I am very sorry that I have had to break this difficult news to you and please do not hesitate to email me if you have any queries regarding this matter in the meantime. Yours sincerely

Tanya Kavanagh PA to Managing Director


HOOPERS Head Office, 2-12 Mount Pleasant Road, Tunbridge Wells, Kent, TN1 1QT

PROVISIONAL SCORES INDIVIDUAL ASSESSMENT NAME:

. .......Kathleen Collinge STORE:

SELECTION CRITERIA GROUP 1 PERSONAL RECORD

Wilmslow/Fashions

POINTS AVAILABLE

POINTS GIVEN

1.1 Attendance record

0- 50

...... 1.. .......

1.2 Disciplinary record

0- 30

............ 30 ...

SUB-TOTAL

0-80

...31.. ..........

GROUP 2 WORK PERFORMANCE AND EXPERTISE

POINTS AVAILABLE

POINTS GIVEN

0- 30

..16 ............

0- 25

...... 6 .........

0- 15

........ .4 ......

2.1 Work performance (quality, quantity, standards, approach to safety)

2.2 Co-operation, commitment, attitude to work

2.3 Ability to perform as a team player (social skills, respect of peers)


GROUP 2 (continued) WORK PERFORMANCE

POINTS

POI NTS

AVAILABLE

GIVEN

2.4 Influence on performance and attitude of others

0-15

............ 4 ...

2.5 Enthusiasm for change and initiative to create improvement

0-15

...... 3 .........

0- 40

...... 11.....

0- 35

...... 11 .........

0-20

......... 9 ......

AND EXPERTISE

2.6 Flexible approach, in reiation to duties as well as working hours

2.7 Knowledge and experience of job role(s)

2.8

Planning and organizing skills

-

-~

SUB-TOTAL

-

GRAND TOTAL

I

I

0-195 -

······64 ......... --

0- 275

............ 95...

-

-

-

-

-

f-

-


Parkstone Limited TIA Hoopers Mail - Fwd: Period assessment dates

21O r2 UzU

HOO PERS

Steven Roberts <stevenroberts@hoopersstores.com>

Fwd: Period assessment dates 1 message

My Hoopers <myhoopers@hoopersstores.com> To: Data Protection Officer <dpo@hoopersstores.com>

21 July 2020 at 12:02

Forwarded message -From: My Hoopers <myhoopers@hoopersstores.com> Date: Mon, 15 Jun 2020 at 19:07 Subject: Re: Period assessment dates To: Debbie Shaw <debbieshaw@hoopersstores.com>

Send nothing till we've caught up It's well past hours. She can wait. Sent from my IPhone

)

On 15 Jun 2O20, at 18:28, Debbie Shaw <debbieshaw@hoopersstores.com> wrote:

omg! --- Forwarded message -From: Kathy Collinge <kittycollinge@gmail.com> Date: Mon, 15 Jun 2O2O at 18:00 Subject: Period assessment dates To: Debbie Shaw <debbieshaw@hoopersstores.com>

Dear Debbie

)

I looked again at Tanya's selection matrix, the matrix had been altered to the one that was originally completed by yourselves. A foot note has since been added that absence from work dates back 2 years. Am I to take it the whole matrix refers to the previous two years? Are you able to send me the number of days I was absent? Sent from my IPad

Debbie Shaw Operations Manager Hoopers Department Stores Hoopers, 35 Alderfey Road, Wilmslow, Cheshire, SK9 1PB

Tel: 01625 525381

Tanya Kavanagh myHoopers - Project Manager Hoopers Department Stores Head Office, Mount Pleasant Road, Tunbridge Wells, Kent, TN1 1QT Tel: 01892 553265 https://mail.google.com/mail/u/0?ik=f1d1823f1e&vlew=pt&search=all&permthid=thread-P%341672824063846847753%7Cmsg-%341672824063...

1/2


Parkstone Limited TIA Hoopers Mail - Fwd: Conference call with Debbie Shaw

23/07/2020

HOOPERS

Debbie Shaw <debbieshaw@hoopersstores.com>

Fwd: Conference call with Debbie Shaw 1 message Kathy Collinge <kittycollinge@gmail.com> To: debbieshaw@hoopersstores.com

15 June 2020 at 13:39

Sent from my iPad Begin forwarded message: From: Kathy Collinge <kittycollinge@gmail.com> Date: 15 June 2020 at 13:16:38 BST Cc: Kathy Wife uk mobil <kittycollinge@gmail.com>, Alan Collinge <alan@icdigitalassets.com> Subject: Conference call with Dabble Shaw

)

Dear Debbie I will be asking my Union Rep to be in telephone attendance hopefully on the 18th. I would like to be able to tell them wether it will be a Zoom conference call or one where they will physically have to be with me taking part over ioud speaker. Please let me know as soon as possible.

Sent from my iPad On 15 Jun 2020, at 12:54, My Hoopers <myhoopers@hoopersstores.com> wrote:

Dear Kathy,

) j

No problem at all. Please keep in direct touch with Debbie on the email address copied in - and she will be able to offer an alternative date and time if necessary. Debbie will be hosting your first consultation, and this will be by telephone. We can conference call in a team member or union representative should you so wish. Prior to your meeting for your reference please find attached a blank copy of the companies scoring matrix, along with guidance notes on which have been used to

ascertain your scores. Kathy - you have copied in all your team members in Wilmslow on your response. I'm not sure If this was Intentional, but wanted to bring it to your attention. Kind regards Tanya

On Mon. 15 Jun 2020 at 12:49, Kathy Collinge <kittycollinge@gmail.com> wrote: To Tanya Kavanagh l am presently awaiting a call back from my Usdaw union representative as I would like

them to be in attendance when Debbie Shaw calls me provisionally on Thursday 18th https://mail.google.com/mall/u/67Ilk=d034486599&view=pt&search=all&permthid=thread-(%341669568661774142473%7Cmsg-1%34166956866...

1/3


23/07/2020

Parkstone Limited TIA Hoopers Mail - Fwd: Conference call with Debbie Shaw

June at 3.00 pm. I will of course confirm the time or a proposed time when my representative can attend. In the meantime can you tell me if Debbie Shaw will be using Zoom? Sent from my iPad On 9 Jun 2020, at 17:19, My Hoopers <myhoopers@hoopersstores.com> wrote:

Dear All, Following the email sent to all employees last Friday 5 June where we explained how the impact of Covid 19 will affect our business, we presented the offer of applying for voluntary redundancies, and we are now In a position to update you. Thank you to the staff that have volunteered for redundancy, we will be In contact with you shortly, unfortunately the numbers who have volunteered do not offset the need for us now to move into a period of individuai consultation for those roles that are deemed to be at risk.

) )

If you are affected, you will receive communication via email to arrange a date and time for your first telephone consultation by close Saturday this week. Once consultations are completed, a further email to the group will be sent confirming the end of the process. Please be mindful that some of your colleagues may be about to go through a consultation period at this time and we ask you to be considerate in any communication you may have either within or away from the workplace. Tanya Kavanagh PA to Managing Director Hoopers Department Stores Head Office, Mount Pleasant Road, Tunbridge Wells, Kent, TN 1

1QT Tel: 01892 553265 )

You received this message because you are subscribed to the Google

Groups "All Hoopers Wilmslow" group. To unsubscribe from this group and stop receiving emails from it, send an email to AIIHoopersWM+unsubscribe@hoopersstores.com.

Tanya Kavanagh PA to Managing Director Hoopers Department Stores Head Office, Mount Pleasant Road, Tunbridge Wells, Kent, TNl lQT

Tel: 01892 553265

HOOPERS Access a world of style ... www.hoopersstores.com https://mail.google.corm/m all/u/671k=d0344 86599&view=pt&search=all&permthid=thread-(%3A4166956866 1774142473%7Cmsg-P%34166956 866...

2/3


23/0 7/2020

Parkstone Limi ted TlA Hoope rs Mail - Matrix and Company scoring sheet

HOO PERS

Debbie Shaw <debbleshaw@hoopersstores.com>

Matrix and Company scoring sheet 1 message Kathy Collinge <kittycollinge@gmail.com> To: debbieshaw@hoopersstores.com

15 June 2020 at 13:46

Dear Debbie Can you please let me know 'Days' Absence' what period of time does this reflect. Sent from my lPad

)

https://mall.google.com/mall/u/67lk=d034486599&view=pt&search=all&permthld=thread-1%3A41669569124941767527%7Cmsg-(%34166956912...

1/1


23/0 7/20 20

P arkst o ne Li m ited T/A H oope rs Ma il - An nual

HOOPERS

Review of Performance

Debbie Shaw <debbleshaw@hoopersstores.com>

Annual Review of Performance 1 message

Kathy Collinge <kittycollinge@gmail.com> To: debbieshaw@hoopersstores.com

15 June 2020 at 15:20

Dear Debbie ! would be grateful if you could let me have copies of my annual review of performance for 2017, 2018 and 2019. The iast review given to me by Giii was 2016. i wilt be available any time to pick them up. Thank you Kathy Sent from my iPad

ì )

)

)

https://mall.google.com/melt/u/67lk=d034486599&view=pt&search=all&permthld=thread-(%341669575064206409038%7Cmsg-f%3A4166957506...

1/1


HOOPERS

Steven Roberts <stevenroberts@hoopersstores.com>

Fwd: Issues Raised 1 message My Hoopers <myhoopers@hoopersstores.com> To: Data Protection Officer <dpo@hoopersstores.com>

21 July 2020 at 12:04

--- Forwarded message From: Debbia Shaw <debbieshaw@hoopersstores.com> Date: Mon, 15 Jun2020 at 18:27 Subject: Fwd: Issues Raised To: My Hoopers <myhoopers@hoopersstores.com> ok to reply stating the 2 year Is applicable to absence/sickness? x ----- forwarded message ------From: Kathy Colllnga <kittycollinge@gmail.com> Date: Mon, 15 Jun 2020 at 17:19 Subject: Re: Issues Raised To: Debbie Shaw <debbieshaw@hoopersstores.com> Dear Debbie

Thank youioryourreply.it doesn't say ywhere an ontheguidanceTanya sent withregardtoays' 'Dsence'. AbIt doesn't say what the period it is covering. Am i to presume it's from the beginning of 2020? in fact the sheets do not specify what period any of it attains too, only on the disciplinary records (1.2) does it refer to using the previous 2 years. Regards Kathy

Sent from my iPad On 15 Jun 2020, at 15:54, Debbie Shaw <debbieshaw@hoopersstores.com> wrote: \

)

Dear Kathy, Thank you for your emails. The consultation will be In the form of a conference call, should your union representative attend, please let me know a suitable time and date at your earliest convenience. The notes pertaining to the period relating to sickness are in the guidance notes sent to you earlier by Tanya. At this stage of the consultation, we want to discuss with you the approach which has been adopted to scoring. In particular, we want to share the scores that have provisionally been given to you in the context of the written guidance and criteria applied, and to get your comments and observations on the approach we have used, and the factual basis of the scores that have been given to you. As part of that, we can discuss what additional data might be relevant to your scores, and if necessary, go into that in more detail in subsequent meetings. For this first meeting though, I would like to focus on the scoring process, so that we can better identify as a result of that, what additional information might be relevant, and should be considered. Yours sincerely Debbie Shaw Debbie Shaw https://mail.google.com/mall/u/0?Ik=f1d1823f1a&vlew=pt&search=all&permthid=thread-%3A41672824222800532854%7Cmsg-1%341672824222...

1/2


Parkstone Limited TIA Hoopers Mall - Re: Period

23/0 7/20 20

HOO PERS

assessment dates

Debbie Shaw <debbieshaw@hoopersstores.com>

Re: Period assessment dates 1 message My Hoopers <myhoopers@hoopersstores.com> To: Debbie Shaw <debbieshaw@hoopersstores.com>

15 June 2020 at 19:07

Send nothing till we've caught up It's well past hours. She can wait. Sent from my iPhone On 15 Jun 2020, at 18:28, Debbie Shaw <debbieshaw@hoopersstores.com> wrote:

omg!

ì )

Forwarded message ---From: Kathy Collinge <kittycollinge@gmail.com> Date: Mon, 15 Jun 2020 at 18:.00 Subject: Period assessment dates To: Debbie Shaw <debbieshaw@hoopersstores.com> Dear Debbie

I looked again at Tanya's selection matrix, the matrix had been altered to the one that was originally completed by yourselves. A foot note has since been added that absence from work dates back 2 years. Am I to take It the whole matrix refers to the previous two years? Are you able to send me the number of days I was absent? Sent from my iPad

Debbie Shaw Operations Manager

)

)

Hoopers Department Stores Hoopers, 35 Alderley Road, Wilmslow, Cheshire, SK9 1 PB Tel: 01625 525381

https://mail.google.com/mail/u/6?Ik=d034486599&view=pt&search=all&permthid=thread-(%341669585106258858346%7Cmsg-£%34166958930...

1/4


HOOPERS

Steven Roberts <stevenroberts@hoopersstores.com>

Fwd: Kathy Collinge 1 message My Hoopers <myhoopers@hoopersstores.com> To: Data Protection Officer <dpo@hoopersstores.com>

21July 2020 at 12.02

--- Forwarded message -From: My Hoopers <myhoopers@hoopersstores.com> pgg· Thy, 18 ju gggg gt g·pg

Subject: Re: Kathy Collinge To: Debbie Shaw <debbieshaw@hoopersstores.com> Me again .... Ok now I've looked at my timetable. Really can't juggle today to suit rep. '

4am avallable 4pmtomorrow Friday 19th

Midday on Monday 22nd or

4pm Tuesday 23rd

iwouid ifiwereyouD ebbie,iica athK yandsayasshe ishaving representa a tive, you needonetoo,myaiiabi av iity was 4.30pm today or - the new times listed above.

Tianis

Tanya On Thu, 18 Jun 2020 at 07:37, Debbie Shaw <debbieshaw@hoopersstores.com> wrote: Hi Tanya, Kathy emailed last night to say that her union rep has had a cancellation and could attend at , 2.00pm today. I would need to try and re-schedule Jay but I assume you are booked up today? tal !

a.aa

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• a •

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a.al

aa.

IM Wrr

, Il await your response Kindest { Debbie

ì )

i}

¡ Debbie Shaw

¡ Operations Manager ! I

j Hoopers Department Stores i Hoopers, 35 Alderley Road, Wilmslow, Cheshire, SK9 1PB ' Tel: 01625 525381

Tanya Kavanagh

PA to Managing Director Hoopers Department Stores Head Office, Mount Pleasant Road, Tunbridge Wells, Kent, TN1 1QT

Tel: 01892 553265

Tanya Kavanagh

myHoopers - Project Manager https://mail.google.com/mail/u/0?k=f1d1823f1e&view=pt&search=all&permthld=thread-r%3A41672824073814294193%7Cmsg-(%341672824081...

1/2

7


Parkstone Limited TIA Hoo pers Mall - Re: FAO Clare- Re Hoopers Store Redundancy proced ure

23/07/2020

HOO PERS

Debbie Shaw <debbieshaw@hoopersstores.com>

Re: FAO Clare- Re Hoopers Store Redundancy procedure 1 message

Kitty Collinge <kittycollinge@gmail.com>

18 June 2020 at 11:51

To: Debbie Shaw <debbieshaw@hoopersstores.com> Dear Debbie I'll pass this email to Clare to see If the alternative dates will be suitable. Regards Kathy Sent from my Phone

On 18 Jun 2020, at 11:21, Debbie Shaw <debbieshaw@hoopersstores.com> wrote:

1

Dear Kathy, Thank you for your email, Please accept my apologies for the delay in response but I needed to look at the timetable. Tanya Kavanah will be joining me on the call and therefore we need a time to suit all. Sadly both Tanya and I are unable to attend at 2.00pm on Friday but have these alternative dates available: 12.00pm Monday 22nd June 4.00pm Tuesday 23rd June Any time to suit you on Saturday 20th June. Please let me know if any of the above are convenient. Many Thanks Debbie On Wed, 17 Jun 2020 at 17:53, Kitty Colllnge <kittycollinge@gmail.com> wrote: I

i 1

Dear Debbie I just received this from Clare. Is it possible to do Friday at 2 o'clock? Sent from my iPhone

I

; Begin forwarded message:

\

)

From: Clare Hansen <Clare.Hansen@USDAW.ORG.UK> Date: 17 June 2020 at 16:14:40 BST To: Kathy Collinge <kittycollinge@gmail.com> Subject: Re: FAO Clare- Re Hoopers Store Redundancy procedure Hi Kathy Many thanks. I will take some time to look at these I have had a cancellation for Friday afternoon at 14.00 if that helps and the company can do that? Thanks

Best wishes Ciare Sent from my iPhone On 16 Jun 2020, wrote:

at 14:31, Kathy Collinge <kittycollinge@gmail.com>

https://mail.g0ogle.com/mall/u/67lk=d034486599&view=pt&search=all&permthid= thread-%34 1669765839989232221%7Cmsg-%34166983365...

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23/0 7/20 20

Parkst one Limi ted TIA Hooper s M all - R e: Telep hone con feren ce

HOO PERS

Debbie Shaw <debbleshaw@hoopersstores.com>

Re: Telephone conference 1 message Debbie Shaw <debbieshaw@hoopersstores.com>

19 June 2020 at 08:20

To: Kathy Collinge <kittycollinge@gmail.com>

ea iainy, Thank you, I have confirmed with Tanya and will contact you then, do have a telephone number for Clare? Kind regards Debbie On Thu, 18 Jun 2020 at 15:14, Kathy Collinge <kittycollinge@gmail.com> wrote: I

'Dear Debbie ' Clare can do 12pm on Monday 22nd June. i

Regards ' Kathy

1

' Sent from my iPad

2ebbie Shaw Operations Manager Hi0opersDepartmentStores Hoopers, 35 Alderley Road, Wilmslow, Cheshire, SK9 1PB Tel: 01625 525381

I )

https://mall.google.com/mall/u/671k=d034486599&vlw=pt&search=all&permthid=thread-ß%34 1669846464616872724%7Cmsg-a%34r-79991631...

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4


Parks tone Limited TIA Hoop ers Me ll - Fwd : Kathy Collinge - Prep for Call

21/07/2020

HOOPERS

Steven Roberts <stevenroberts@hoopersstores.com>

Fwd: Kathy Collinge - Prep for Call 1 message 21 July 2020 at 12:02

My Hoopers <myhoopers@hoopersstores.com> To: Data Protection Officer <dpo@hoopersstores.com>

-Forwarded message -From: My Hoopers <myhoopers@hoopersstores.com> Date: Sat. 20 Jun 2020 at 11:14 Subject: Kathy Collinge - Prep for Call To: Debbie Shaw <debbieshaw@hoopersstores.com>

Hi Debbie, Don't know ifthis would be helpful to you - but it's what ive been doing... Put all team members on a spreadsheet within a call, so when we speak with Kathy we can say with confidence where her score falls against her peers. Could you send me her matrix.

I have a 10.00am on Monday, so not sure when we should/can catch up prior to the meeting - and discuss our plan of action. Let me know what's good for you. Hope the attached helps - It sure has for me with my conversations. Kind regards Tanya

Tanya Kavanagh

PA to Managing Director

J

Hoopers Department Stores Head Office, Mount Pleasant Road, Tunbridge Wells, Kent, TN1 1QT

Tel: 01892 553265

Tanya Kavanagh myHoopers - Project Manager Hoopers Department Stores Head Office, Mount Pleasant Road, Tunbridge Wells, Kent, TN1 lQT Tel: 01892 553265

@ HG Fashions.xts 19K

rte cllel«} latu,

re

fers>al da(a

9e2%-Slaue

o

lls

https://mail.google.com/mail/u/0?lk=1d1823f1e&view=pt&search=all&permthid=thread-(%341672824089193198790%7Cmsg-(%341672824089...

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Parkstone Limited T/A Hoopens Mail - Re: Kathy Collinge - Matrix/notes/fashlan matrix compa rison

23/07/2020

HOO PERS

Debble Shaw <debbieshaw@hoopersstores.com>

Re: Kathy Collinge - Matrix/notes/fashion matrix comparison 1 message Debbie Shaw <debbieshaw@hoopersstores.com> To: My Hoopers <myhoopers@hoopersstores.com>

21 June 2020 at 17:55

They are the scores she received. The descrlpUons are pretty accurate, her absence really pulls her down tho. She will challenge everything I'm sure but she does at work tool Many fall outs but all observations sadly. Speak tomorrow x On Sun, 21 Jun 2020 at 17:44, My Hoopers <myhoopers@hoopersstores.com> wrote: ' Blimey she scores low •••. these the scores she received?

are

i l'm sure they are and l'll check in the morning what l send her. i ' The people she's scored against are they all In her pool? If so we have some jiggle room which Is great

Sent from my iPhone On 21 Jun 2020, at 13:59, Debbie Shaw <debbieshaw@hoopersstores.com> wrote:

HI Tanya, Let me know what you think - not Intending to read verbatim but an 'lsh

x Debbie Shaw Operations Manager Hoopers Department Stores Hoopers, 35 Alderley Road, Wilmslow, Cheshire, SK9 1PB

Tel: 01625 525381 <Kathy Collinge Matrix.doc> <WM FASHION MATRIX.xIs>

Debbie Shaw Operations Manager Hoopers Department Stores Hoopers, 35 Alderley Road, Wilmslow, Cheshire, SK9 1PB

Tel: 01625 525381

https://mail.google.com/mail/u/67ik=d034486599&view=pt&search=all&permthid=thread-a%3A4r-5526724399328636603%7Cmsg-a%34r5102896...

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71


H-I

t

o

R

Head Offi ce: Mount Pleasant Road, Tunbridge Wells, Kent TM1 1QT Tel: 01892 530222 Fax: 01892 549715

Private & Confidential

Kathleen Colllnge BY EMAIL 23"' June 2020 Dear Kathleen I write In confirmation of our rescheduling of your formal meeting to Wednesday 1 July at 9.00am. The meeting as explained previously Is to advise you that your role Is at risk of redundancy. An overview of the reasons for this potentlal redundancy situation Is that the company Is facing unprecedented times as we move to phased reopening of our stores. There Is a very real threat of much reduced turnover as we adapt to retail demand post the lockdown caused by the Covid 19 pandemic. To be able to mitigate this loss It wlll entail reducing our cost base. In many areas of the business we are expecting a significantly reduced level of workload, and therefore need to make staffing cuts. As explained, your role forms part of a pool, and as such provisional scoring has

been prepared for all members of this pool, and in some areas of the matrix you have scored lower than your peers hence your individual role is at risk. You have already received copy of your provisional scores. There will now be a period of formal consultation with you, so we can discuss the situation In more detall and consider any alternatives there may be to avoid redundancy, Including any proposals you may wish to put forward yourself.

)

Our next formal telephone consultation meeting will be on Wednesday 1 July at 9.00am. You have advised us that you will be accompanied on the telephone meeting by Clare Hansen, USDAW union representative. I want to make It clear that this meeting is part of the process and no decisions relating to your continued employment will be made at this meeting. However, If we are not able to identify any alternatives during or after this meeting, it Is likely that I will ask you to attend a further consultation meeting to discuss your continued employment. Yours sincerely Debbie Shaw Store Operations Manager


23/0 7/20 20

Parkstone Limited TIA Hoopers Mall - As discussed....

HOOPERS

Debbie Shaw <debbleshaw@hoopersstores.com>

As discussed .... 1 message My Hoopers <myhoopers@hoopersstores.com> To: Debbie Shaw <debbieshaw@hoopersstores.com>, Tracey Danson-Brown <traceydanson-

23 June 2020

at 16:18

brown@hoopersstores.com> Hi Both,

Below emall for you Debbie to copy and paste to send to Kathy (copy to me & Claire please, & add Claire's surname to the letter).

Wording for reference for you Tracey, as discussed.

I will also forward onto you both, extra emails I've received for further conversations.

from¿again just to help with wording

Thanks both - you're doing amazing : )

Dear Kathy,

Followlng our meeting on Monday 22nd June, where we deferred to reconvene on Wednesday 1st July. Please find attached a letter to that effect. As before you have a right to be accompanied and I also attach that document for you.

We discussed your scores through to section 2.3 - at which point we agreed the scoring would be reviewed and we will reconvene at a later date.

Queries on your behalf were put to us regarding the following:

Absence - Having considered the point that was made, we consider that reviewing absence records over a two year period is appropriate. We feel that a shorter period may unfairly affect those who have had one period of mixed attendance which is not typical of their long term attendance. A longer period of assessment would involve historic absences that may again not be typical of current or more recent attendance levels. We recognise that different periods could be argued for, but we feel that two years strikes a fair balance and Is reasonable.

In relation to your challenge relating to the use of certified absences, we have considered your point, but we do not agree with It. It is not in any way implied by the scoring that any absences are not genuine and therefore we are not making a value judgement as between certified and uncertified https://mall.google.com/mall/u/67lk=d034486599&view=pt&search=all&permthid=thread-f%341670303485457153061%7Cmsg-%34167030348...

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absence and we treat all as being genuine absences, since we have no records or means of evaluating absences that have been treated as genuine In the past.

Criteria Subjective - Th e company's judgement on work perform ance by individuals Is assessed using guidance notes In order to ensure consistency. During the scoring process, It Is Impres sed upon scorers that judgements must only be made on the basis of clear, objective evidence and

observations. Each Individuai then falls Into a scoring quarter as per the matrix guidance notes. During the scoring process, the scorer is required to justify the scores they have given to a member of the management team or another appropriate facilitator. During the process, any at risk Individuai Is given an opportunity to review and comment upon scores and to raise any challenges, which are then taken back to the scorer for review and scores are adjusted accordingly in relation to challenges which the scorer feels are valld and justify a change In scores. In this way, we are satisfied that there are multiple checks and balances which ensure that scores are objective and evidence based. Your own opinion may differ to this, hence the opportunity to discuss, however please be mindful that overall the scoring needs to be balanced between the two and ultimately, we place our trust in the scores given, where we are satisfied that a thorough check has been made in accordance with our process.

Business Case - a request from Claire, the USDAW representative was made, for a copy of the business case for redundancies. We are not prepared for business confidentiality to disclose all of the data taken Into account In assessing the business case for redundancies, since It contains details of individuai salarles, profit margin, and other key commercial data. Moreover, we do not believe that It is helpful to disclose that data in order to assess the case for redundancy. In order for the company to be viable, It must achieve sufficient return on capitai so that It can meet Its banking covenants, property obligations, and obligations to credltors. In a period during which we have already lost huge income, and antlclpate that income levels will be lower for the foreseeable medium term at the least, the need to substantially lower overheads is strong.

-----------------

During ourfoiiow upmeetingonhe is t Julyat 9.00am,I wiiice on again bejoined by anya T Kavanagh from Head Office.

I look forward to reconvening with you to discuss further.

Kind regards Debbie

Tanya Kavanagh

PA to Managing Director Hoopers Department Stores Head Office, Mount Pleasant Road, Tunbridge Wells,

Kent, TN1 1QT

Tel: 01892 553265 2 attachments

@)

Kathleen Colling_WM_2.doc 194K RIGHT TO BE 191K

ACCOMPANIED AT A REDUNDANCY MEETING.doc

https://mall.google.com/malt/u/6?Ik=d034486599&view=pt&search=all&permthid=thread-%341670303485457153061%7Cmsg-P%34167030348...

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43 11·11¥J ~ \1ì E

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.

Head Office: Mount Pleasant Road, Tunbridge wells, Kent TN1 1QT Tel: 01892 530222

Fax: 01892 549715

YOUR RIGHT TO BE ACCOMPANIED AT A REDUNDANCY MEETING

At any redundancy meeting you will be given anopportunity to state your case and you are also entitled, if you so wish, to be accompanied by either a colleague or a Trade Union officiai at a redundancy meeting which might result in the termination of your employment on the grounds of redundancy. If you choose a colleague to accompany you, you should first make sure that he or she is available to attend and is prepared to accompany you. You should notify the Company of his or her name as soon as possible.

As an alternative to being accompanied by a colleague, you may Instead be accompanied by a full-time or lay officiai of any UK trade union regardless of whether it is a union recognised by the Company for bargaining purposes. In all cases, you should notify the Company of the name of the Union which wlll represent you as soon as possible. The Company may require written confirmation that the person who will accompany you is an officiai union representative. In the case of lay union officials, the Company may also require written confirmation that he or has been certified as a person qualified to

she

accompany employees at redundancy meetings.

- -

If the person you choose to accompany you is not available at the date and time notified to you for the redundancy meeting, you may have the meeting adjourned until a later date upon which he or she wlll be available. A meeting will only be adjourned because of the non-availability of the person who you wish to accompany you if you contact the Company before the proposed meeting date, explaining that your representative is not available and proposing an alternative date and time which is within five working days of the date of the adjourned redundancy meeting. If your proposed alternative date is suitable to the Company, then the meeting wlll be adjourned until the date and time you have suggested. At any redundancy meeting, the person accompanying you will be able to confer with you at any time and may also address the meeting on your behalf. He or she will also be allowed to ask reasonable questions on your behalf. However, he or she will not be allowed to answer questions for you.

10.14

15


21/07/2020

Parkstone Limited TIA Hoopers Mail - Fwd: Subject Access Request: Kathleen Anne Collinge :Hoopers Wilmslow

HOOPERS

Steven Roberts <stevenroberts@hoopersstores.com>

Fwd: Subject Access Request: Kathleen Anne Collinge :Hoopers Wilmslow 1 message 21 July 2020 at 12.03

My Hoopers <myhoopers@hoopersstores.com> To: Data Protection Officer <dpo@hoopersstores.com>

-- Forwarded message From: My Hoopers <myhoopers@hoopersstores.com> Date: Wed, 24 Jun 2020 at 13:42 Subject: Re: Subject Access Request: Kathleen Anne Collinge :Hoopers Wilmslow To: Kathy Collinge <kittycollinge@gmail.com> Cc: Debbie Shaw <debbieshaw@hoopersstores.com> Thank you Kathy, To confirm your request has been received.

ì

This will be forwarded to our data protection officer who will respond directly to you. Kind regards Tanya On Wed, 24 Jun 2020 at 13:27, <kittycollinge@gmail.com> wrote:

Tanya Kavanagh Parkstone Limited/Hoopers Limited Mount Pleasant Road, Tunbridge Wells Kent TN11QT l

)

; Kathleen Anne Collinge { The Worthington,Hlghgrove I

! Ancoats Lane I

'Alderley Edge i Cheshire SK97TT i

' Tel 07875-933303 I

: Email kittycollinge@gmail.com 24" June 2020 Dear Tanya I

Subject access request Parkstone Ltd t/a Hoopers Ltd i

'Kathleen _Anne Collinge - Employee ID Q50942-Wilmslow-Fashion Floor I

I

https://mall.google.com/mail/u/0?lk=f1d1823f1a&view=pt&search=all&permthid=thread-P%341670384377782751220%7Cmsg-f%3416728241192...

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1


Parkst one Limited TIA Hoopers Mail - Fwd: Subject Access Request

23/07/2020

HOO PERS

Debbie Shaw <debbieshaw@hoopersstores.com>

Fwd: Subject Access Request 1 message Kitty Colllnge <kittycollinge@gmail.com> . . 24 June 2020 at 16:11 To: Debbie Shaw <debbieshaw@hoopersstores.com>, My Hoopers <myhoopers@hoopersstores.com>

Thank you for sending this.

Kathy Sent from my !Phone Begin forwarded message: From: Kitty Collinge <kittycollinge@gmail.com> Date: 24 June 2020 at 16:04:37 BST

To: Clare Hansen <Clare.Hansen@USDAW.ORG.UK> Cc: Apple ltune AppsKitty Collinge <kittycollinge@gmail.com>

Sent from my Phone Begin forwarded message: From: Data Protection Officer <dpo@hoopersstores.com>

Date: 24 June 2020 at 14:15:19 BST To: kittycollinge@gmail.com Subject: Subject Access Request

Dear Kathleen Your Subject Access Request has been received and will be actioned according to the Company's Data Protection Policy and its obligations in relation to the EU GDPR.

I

)

Responses to SARs will normally be made within 30 days of receipt, however this may be extended by up to 60 days if the SAR is complex and/or numerous requests are made. If such addltlonal time Is required, the data subject shall be Informed. I may contact you to seek clarification of your SAR if it is needed. Similarly, if you have any questions regarding the process then please do not hesitate to contact me at this email address. Regards Steven Roberts Data Protection Officer

HOOPERS Access a world of style... www.hoopersstores.com Hoopers LUmited and Subsidiaries Disclaimer

https://mail.google.com/mail/u/671k=d034486599&vlew=pt&search=all&parmthid=thread-%341670393615618613884%7Cmsg-(%34167039361...

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23/07/2020

Parkstone Limited TIA Hoopers Mail - Notification af Potential Redundancy

HOO PERS

Dabble Shaw <debbleshaw@hoopersstores.com>

Notification of Potential Redundancy 1 message Debbie Shaw <debbieshaw@hoopersstores.com> To: Kitty Collinge <kittycollinge@gmail.com> Bec: My Hoopers <myhoopers@hoopersstores.com>

1July 2020 at 14:24

Dear Kathy, Further to today's meeting, please find attached your Notification of Potential Redundancy together with your revised scoring matrix. Kind regards Debbie Shaw

De bbie Shaw Operations Manager Hoopers Department Stores

Hoopers, 35 Alderley Road, WIimsiow, Cheshire, SK9 1PB Tel: 01625 525381 2 attachments

(@ fathi eon Coilinge Notification of Potential Redundancy.doc Jr

gFashions - Kathleen Collinge - Following Consultations.doc fr

/

https://mail.google.com/mall/u/67lk=d034486599&ew=pt&search=all&permthid=thread-a%34r-6623839400430676215%7Cmsg-a%34r1503462...

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5


HOOPERS Head Office: Mount Pleasant Road, Tunbridge Wells, Kent TN 11QT Tel: 01892 530222 Fax: 01892 549715

Private & Confidential

Kathleen Collinge BY EMAIL

1July 2020

Notification of potential redundancy after redundancy consultation meeting Dear Kathleen, I am writing to confirm the details of our follow up consultation meeting today, Wednesday 1° July. You chose to be accompanied at the meeting with Clare ..... At the meeting we revisited, and you were advised of the reasons for the potential redundancy situation and these are summarised as follows: The company is facing unprecedented times as we move to reopening our stores. There is a very real threat of much reduced turnover as we adapt to retail demand post the lockdown caused by the Covid 19 pandemic. To be able to mitigate this loss it will entail reducing our cost base. In many areas of the business we are expecting a reduced level of work. Further, and with much regret, you were advised that your job is at risk and you may, subject to the completion of full and proper consultation, be dismissed by reason of redundancy as a result. I explained in detail the redundancy scoring process and criteria adhered to for all selected in a pool. I confirmed that I would attach a copy of your amended scores following our consultations to you, along with today's letter. We took time to talk through your provisional scores as it is important that we have your feedback on the criteria and give you the opportunity to say that perhaps the provisional scores you initially received may not agree with your own views, and you gave examples and behaviours of items that may not have been known to the scorers. In this way we are satisfied that there have been balances which ensure that scores are objective and evidence based, in accordance with our process. Indeed where we discussed areas that you felt and we agreed should be increased, we have made the following amends.


2.12.22.32.42.5-

amended am ended am ended amended am ended

from from from from from

16 to 23 6 to 12 4 to 11 4 to 8

3 to 10 2.6- amended from 11 to 21 2. 7- amended from 11 to 28 2.8 - amended from 9 to 14 After going through all scores, you did also comment that you understood the process and how all are measured; and now felt more comfortable with your scores following our consultations and discussions. I do understand this has been a difficult process for you, and hope that today's discussion has taken away the initial angst caused when receiving your provisional scores blindly. Today's meeting formaiiy represents a period of individuai consultation. As a business we have reviewed the possibility of providing alternative roles within stores as an alternative to redundancy, however, at present there are no vacancies, and due to the overall scenario that we are anticipating of less work requiring less staff it would be unlikely that there would be any other job vacancies in the near future. We will consider any counter proposals that you may wish to make to us prior to our next meeting, and I invite you to contact me at the store or forward an email to me if you have anything you would like us to consider before our next meeting.

for9""

AAurt f hermeeting hasbeen arranged July atThursday 09.00am atwhi as ch befo re, you have the right to be accompanied by a work colleague or a trade union representative if you so wish. In the meantime, as discussed please do not hesitate to email me if you have any queries or concerns before our next meeting.

Yours sincerely

Debbie Shaw Store Operations Manager


HOOPERS Head Office, 2-12 Mount Pleasant Road, Tunbridge Wells, Kent, TN11QT

SCORES FOLLOWING CONSULTATION INDIVIDUAL ASSESSMENT NAME:

Kathleen Collinge STORE:

SELECTION CRITERIA GROUP 1 PERSONAL RECORD

Wilmslow/Fashions

POINTS AVAILABLE

POINTS GIVEN

35 days 10 occasions

1.1

Attendance record

0- 50

1

1.2

Disciplinary record

0- 30

30

SUB-TOTAL

0-80

31

GROUP 2 WORK PERFORMANCE AND EXPERTISE

POINTS AVAILABLE

2.1

Work performance (quality, quantity, standards, approach to safety)

POINTS GIVEN

0- 30

16 to 23

2.2 Co-operation, commitment, attitude to work

0- 25

6 to 12

2.3 Ability to perform as a team player (social skills, respect of peers)

0-15

4 to 11


GROUP 2 (continued) WORK PERFORMANCE AND EXPERTISE

2.4 Influence on performance and attitude of others

POINTS AVAILABLE

POINTS GIVEN

0-15

4 to 8

2.5 Enthusiasm for change and initiative to create improvement

0-15

3 to 10

2.6 Flexible approach, in relation to duties as we!I as working hours

0- 40

11 to 21

2.7 Knowledge and experience of job role(s)

0-35

11

-

to 28 -

) Q

Dl3nrin nrdttat.

a t tat#t

organizing skills

I

O- 20

9to 14

SUB-TOTAL

0- 195

64 to 127

GRAND TOTAL

0- 275

195 to 158

-

--

--

--

----

-

--


SELECTION MATRIX GUIDANCE NOTES

1.1

Attendance Record: All sickness absence in the last 2 years should be counted excluding only where absence is due to a works' accident unless this was known to have been caused by the individual's own negligence. (NB: Maternity leave and absence which is due to a disability should not be counted). The scale to be used is: Count the number of days' absence and score points as follows: Points 30 20 15 10 5

1

o

Days' Absence 0-5 6- 10 11-15 16- 20 21- 30 31- 40 40+

Count the number of separate occasions of absence and score points as follows: Points 20 17 15 12 10 7 5

2

o )

Occasions 0-2 3

4 5 6 7 8 9 10+

Add the two totals together to make the total Attendance Record score.

83


Points

1.2

Disciplinary Record: Use previous 2 years' records. 'Spent' warnings are to be included. Clean record Minor record, restricted to recorded performance counselling More than one instance of recorded performance counselling Written warning More than one written warning, possibly including a final written warning

2.1

. 30 . 23- 29 . 15- 22 . 6- 14 . 0-5

Work Performance: Always turns out an excellent job. Quality and quantity do not need checking. Works hard and delivers results without chasing. Can be relied on to take a careful, responsible approach to job safety

24 - 3û

Usually turns out good quality work with only occasional lapses. Requires little pushing to work hard. Gets the job done. Generally works with care and attention to safety. .

16- 23

Quality of work is variable. "Rework" sometimes necessary. Quantity of work sometimes okay but tends to slacken if not watched. Occasionally careless with regard to own safety and well-being and/or that of others.

7-15

Generaliy does not produce good quality work. Needs chasing and checking or work quantity becomes poor. Cannot be relied on to behave with careand attention to own safety and well-being and /or that of others ...

Always helpful and committed to business success. Sees the positive side of tasks to be done and gets on with it with commitment and speed

20- 25

Tends to be co-operative and usually has a helpful and positive attitude to work and business success

13-19

Is occasionally awkward or unhelpful. May fail to balance personal responsibilities against personal rights and expectations.

6-12

Frequently awkward and troublesome. Blows up difficulties out of proportion. Exaggerated sense of personal rights and expectations versus personal responsibility.

2.3

0-5

Ability to Perform as a Team Player: Well liked and respected by colleagues. Never a source of friction in the team. Positive and active contributor to the goals of the whole team

12 - 15

Usually a popular team member, rarely involved in interpersonal difficulties with colleagues. Considers the team's needs as well as own

8-11

Sometimes shows behaviour that does not help team relationships or has one or two colleagues with whom there is obvious friction. Tends to consider personal needs at the expense/to the disregard of the needs of the team. .....

4-7

Often the source of friction in the team. Colleagues find him/her a difficult and disruptive influence. Considers only personal needs with little or no regard for the needs of the team...............................................................................

0-3


Points 2.4

2. 5

Influence on Others: Sets a good example and is always a good influence on others. Positive attitude rubs off on colleagues. .

13-15

Tends to influence colleagues towards improving work habits (eg timekeeping, work rate etc)

10- 12

A neutral influence on others. Swims with the tide. Follows the team behaviour rather than influences it.

7-9

Can be a poor influence on others by attitude or performance. When added to a team, tends to drag it down. Generally negative in approach.

4- 6

A bad influence on others. Consistently acts as a drag on the performance of colleagues by his/her attitude and work habits.

0-3

Enthusiasm for Change and Initiative to Create Improvement: Always looking for improved ways of doing things - both for themselves and to bring improvements for the company. Frustrated by doing things as we always have when a better way can be seen. Pushes to get the job done in a better way

11-15

Will co-operate with change but usually waits for others to take the initiative. Questioning approach. Can see the benefits and opportunities to do things differently. 6- 10 Runs with the pack and will conform to what he/she perceives as the 'norm'. Will never take the initiative to change things.

3-5

Hostile to change and sees it as a threat. Looks to "the system" to keep things as they are. Quick to point out the drawbacks of change and the importance of custom and practice, the old methods, current agreements, etc. 0- 1

2.6

Ability to Learn and Extend Personal Skill Base: Demonstrates ability to embrace, learn about and master such a wide range of new things as to be an outstanding candidate for more demanding, broader based or more complex roles. A person who has shown they have the potential to progress much further. .

31- 40

Ability to embrace and learn about new things has shown that this person is likely to progress further in the company into different, including probably more demanding, roles including roles outside of what is currently a familiar field of activity. .

21 - 30

Ability to acquire new skills and knowledge and to take on new tasks seems to be confined to a familiar field of activity rather than venture beyond conventional boundaries. May be reluctant to work outside familiar field of activity although the ability may be there. .

11-20

Has difficulty acquiring new skills and knowledge or extending beyond what is very familiar. May be resistant to learning anything new.

0- 10

5


2. 7

Knowledge and experience of job role(s) : Exceptional and exceeds expectations

30- 35

Works well and demonstrates a good working knowledge and experience in the role ................................................................................................ 21- 30 Ability of knowledge and experience but reluctant to work outside familiar field of activity although the ability may be there. .. 11- 20 Has difficulty acquiring knowledge or extending beyond what is very familiar. May be resistant to learning anything new.

2.8

0- 10

Planning and organizing skills: Exceeds expectations

15- 20

Adverage / Good

9- 14

Fair/ Poor

0-8

---------


- -.-- -.---·-»

HOO PERS

w-

r. wu sa - vvumsto ta8fin #qgirj

Steven Roberts <stevenroberts@hoopersstores.com>

Fwd: Updated - Wilmslow Fashion Matrix 1 message My Hoopers <myhoopers@hoopersstores.com> To: Data Protection Officer <dpo@hoopersstores.com>

21 July 2020 at 12:06

------- Forwarded message-From: Debbie Shaw <debbieshaw@hoopersstores.com> Date: Mon, 6 Jul 2020 at 12:22 Subject: Updated - Wilmslow Fashion Matrix To: My Hoopers <myhoopers@hoopersstores.com>

Hi Tanya, Here Is the updated spreadsheet with Kathy's revised scores x

Debbie Shaw Operations Manager Hoopers Department Stores Hoopers, 35 Alderley Road, Wilmslow, Cheshire, SK9 1PB Tel: 01625 525381

Tanya Kavanagh

myHoopers - Project Manager Hoopers Department Stores Head Office, Mount Pleasant Road, Tunbridge Wells, Kent, TN1 1QT Tel: 01892 553265

g WM FASHION MATRIX 2.x4s 31K

https://mail.google.com/mail/u/07ik=(1d1823f1e&vlew=pt&search=al&permthid=thread-(%341672824328627474585%7Cmsg-/%3A41672824328...

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Section

Score

Section Score 2.2 NIA NIA NA

Score

2.1 vR WR WR

NIA NIA NIA 1.1 Kathy Collinge

NIA

31 55 80 8o

57 BO 80

90

?

.1

NIA NIA

Section

Section Score 2.4 NIA NIA NIA

NA NIA NIA 2.3

2.2

23 23 14 23 28 16 27 47 23

Score

2.3

12 19 13 19 20

13 21 19 15

Section

NIA N/A M/A

2.5 8 9 8 9

13 7 9 8 10

2.6

10 5 5 10 12 5 10 5 10

Section

Section Scoro 2.7 NIA NIA NA 2.7

Score

2.6 NIA NA NA

2.4

11 12 11 11 14 8 11 11 5

Section

Score

2.5

9

Score

2.8

Tota NA

NIA NIA N/A

to

NIA

NIA

2.8

21

28

20

30

17 28

21 28

14 14 10 14 19

35

33

11 30 17 25

25

11

25

13 11 15

22 30

1$8 Final t87 Final 479 FHal 222 Final 231 FHal 476 Final 228 Final 190 Final 17 Final


23/07/2020

Parkstone Limited TIA Hoopers Mail - Fwd: WM - Staff Returning from Furlough

HOO PERS

Debbie Shaw <debblieshaw@hoopersstores.com>

Fwd: WM - Staff Returning from Furlough 1 message Debbia Shaw <debbieshaw@hoopersstores.com> To: Wilmslow Display <wmdisplay@hoopersstores.com>

9 July 2020 at 06:50

--- Forwarded message -From: Debbie Shaw <debbieshaw@hoopersstores.com> Date: Wed, 8 Jul 2020 at 19:21 Subject: WM - Staff Returning from Furlough To: Bethany Clifford <bethanyclifford@hoopersstores.com> Hi Beth, Please find attached a colourful analysis of WM staff due to return from Furlough at some point. The non-shaded are already back at work. I have highlighted those that we wish to re-furlough together with their replacements, but i will send a more detailed breakdown shortly. I have also highlighted Kathy Collinge - due to receive her final notification of redundancy tomorrow and 2 other members or staff and er prior to tock.down, let me know If you need copies of their leavers forms. Can I say at this point that I do not envy your task! Let me know if this is ok. Kind regards Debbie

i

ewho

Debbie Shaw Operations Manager Hoopers Department Stores Hoopers, 35 Alderley Road, Wilmslow, Cheshire, SK9 1PB Tel: 01625 525381

I

Debbie Shaw Operations Manager Hoopers Department Stores Hoopers, 35 Alderley Road, Wilmslow, Cheshire, SK9 1PB Tel: 01625 525381

g@)

Staff Returning from Furlough WM.xlsx 13K

https//mail.google.com/mall/u/6?Ik=d034486599&view=pt&search=all&permthid=thread-a%34r-3433857953124412962%7Cmsg-a%34r-775680...

1/1

8?



HOOPERS

Steven Roberts <stevenroberts@hoopersstores.com>

Fwd: Letter4 1 message My Hoopers <myhoopers@hoopersstores.com>

21 July 2020 at 12:03

To: Data Protection Officer <dpo@hoopersstores.com>

--- Forwarded message -From: My Hoopers <myhoopers@hoopersstores.com> Date: Thu, 9 Jul 2020 at 09:.50 Subject: Letter 4 To: Debbie Shaw <debbieshaw@hoopersstores.com> Hi Debbie, Please find attached.

Can you read through and let me know what you think? Thanks

Tanya Tanya Kavanagh

my#ioopers - Project Manager joopers Department Sores Head Office, Mount Pleasant Road, Tunbridge Wells, Kent, TN1 1QT Tel: 01892 553265

-

Tanya Kavanagh

myrioopers - ñrojec ñianager

j

Hoopers Department Stores Head Office, Mount Pleasant Road, Tunbridge Wells, Kent, TN11QT Tel: 01892 553265

t@

Kathleen Coltinge_WM_4.doc 199K

https://mall.googl e.com/mail/u/0?Ik=f1d1823f1e&view=pt&search=all&permthid=thread-f%3A41672824127361370461%7Cmsg-1%3A41672824127...

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HOOPERS

H8undancy

Debbie Shaw <debbleshaw@hoopersstores.com>

Last Redundancy 1 message My Hoopers <myhoopers@hoopersstores.com> To: Debra Angus <debraangus@hoopersstores.com>, Tracey Danson-Brown <traceydansonbrown@hoopersstores.com> Cc: Debbie Shaw <debbieshaw@hoopersstores.com>

9 July 2020 at 10:34

Dear Both,

To confinn this morning, we had our final call with Kathleen Colllnge from Wilmslow with her union representative In attendance. We were challenged again on the 'subjective' criteria,· same response as In the two previous meetings. We confirmed the redundancy and I have compiled the attached letter which Debbie wilt forward on to Kathy.

)

Tracey - we have you down as the line of appeal, as HR Advisor. We have not used Susan in this instance as she was one of the scorers for this particular case, and I believe this is the only one, if any of all we have confirmed that may appeal. She has seven calendar days from today - so up until Thursday 16th July. If you do receive anything, I will then of course share with you all correspondence, and scoring matrices for the whole pool. Kind regards Tanya

Tanya Kavanagh myHoopers - Project Manager Hoopers Department Stores

Head Office, Mount Pleasant Road, Tunbridge Wells, Kent, TN1 1QT Tel: 01892 553265

@)

Kathleen Collinge_WM_4.doc 199K

)

https://mall.google.com/mall/u/671K=d034486599&view=pt&search=all&permthid=thread-%3A41671731369877654785%7Cmsg-P%34167173136...

1/1


23/0 7/20 20

Parks tone Limited TIA Hoopers Ma il - Notification of Redundancy

HOOPERS

Debbie Shaw <debbieshaw@hoopersstores.com>

Notification of Redundancy 1 message Debbie Shaw <debbieshaw@hoopersstores.com>

9 July 2020 at 19:12

To: Kitty Collinge <kittycollinge@gmail.com> Dear Kathy, Further to our conversation today, I now attach the Notification of Redundancy. The letter outlines the details of today's discussion, however, should you require any further information, please do not hesitate to contact me. Kind Regards Debbie Shaw

Debbie Shaw Operations Manager Hoopers Department Stores Hoopers, 35 Alderley Road, WIimsiow, Cheshire, SK9 1PB Tel: 01625 525381

@)

Kathleen Collinge.doc 201K

https://mail.google.cor/rail/u/6?ik=d034486599&view=pt&search=all&permthid=thread-a%3Ar-150868708364356991%7Cmsg-a%34r-6228349...

1/1

41


HOOPERS Head Office: Mount Pleasant Road, Tunbridge Wells, Kent TN1 1QT Tel: 01892 530222 Fax: 01892 549715

Private & Confidential Kathleen Collinge BY EMAIL

9" July

2020

Notice of redundancy Further to our recent meetings, which took place on 23"° June, 1° July and 9 July 2020, I now write formally to confirm that you have been selected for redundancy and that the termination of your employment with Hoopers will be effective upon the expiration of notice, on 29" August 2020 ('the Termination Date'). As discussed during our meetings the reason for this redundancy is due to a restructuring within the business to ensure its viability, specifically to reduce costs against our level of expected income over the medium term following the trading disruption caused by the pandemic. We explained that you were in a redundancy selection pool, of which we went through in detail and you confirmed your understanding of how scores were compiled, and indeed after contributing during the consultations with valuable challenges, some of your scores were changed following your feedback, and you confirmed that you were more comfortable with your scores. During the consultation process, and again today, your union representative on your behalf questioned some of the criteria, specifically under the work performance section stating it may be too subjective. The company's judgement on work performance by individuals is assessed using guidance notes to ensure consistency, and it is impressed upon scorers that judgements must only be made on the basis of clear, objective evidence and observations. During the process individuals are given the opportunity to review and comment upon scores and raise any challenges. The scorer then reviews these comments, and if they feel a challenge is valid and justified a change to the scores is made. In this way, we are satisfied that multiple checks and balances have been done, and ultimately we place our trust in the scores given, where we are satisfied that a thorough check has been made in accordance with our process. The termination of your employment is on the grounds of redundancy and your statutory entitlements are as follows: Notice: As your length of service on the Termination Date will be seven years and two months, you are entitled to seven weeks' paid notice. This letter constitutes notice to terminate your employment on the Termination Date. As discussed at our last meeting we will not require you to come into work during your notice period due to the current pandemic situation.


Statutory Redundancy Pay:

Your entitlement to statutory redundancy pay is dependent on length of service, and is based upon a notional week's pay. The amount of 'a week's pay' is limited by statute to a current maximum of £538 per week. Statutory redundancy payments are not subject to tax. The basis of the calculation is • for each complete year • for each complete year pay. • for each complete year

as follows: of service below the age of 22: Half a week's pay. of service between the ages of 22 and 40: 1 week's of service over the age of 41: 1.5 weeks' pay.

Your redundancy payment will therefore be £2,197.44 Accrued Holiday Pay/Lieu Time: Any unused holiday entitlement for the current year 2020/21 up to your Termination Date, as well as any outstanding lieu time, will be included in your final payment. This final payment will be paid into your bank or building society account in the usual manner on Friday 28" August. Your P45 will be posted to you as soon as possible after this date. If you so wish, you have a right to appeal against the decision to dismiss you on the gr ounds of redundancy. If you wish to appeal please do so in writing to Tracey Danson-Brown, HR Advisor, e/o Hoopers Tunbridge Wells, TNl lQT or via email to traceydanson-brown@hoopersstores.com, within 7 calendar days of receiving this notice of the termination of your employment. Kathy, I would like to take this opportunity to thank you for your contribution and loyalty during the seven years you have put into the business, I wish you well for the future, and it goes without saying that we would be more than happy to provide a reference for you to any future employer.

Yours sincerely

Debbie Shaw Store Operations Manager


21/07/2020

Parks tone Lim ited TIA Hoopers Mail - Fwd: Updated - Wilmslow Fashion Matrix

HOO PERS

Steven Roberts <stevenroberts@hoopersstores.com>

Fwd: Updated - Wilmslow Fashion Matrix 1 message My Hoopers <myhoopers@hoopersstores.com> To: Data Protection Officer <dpo@hoopersstores.com>

----Forwarded message

21 July 2020 at 12:06

-

From: Debbie Shaw <debbieshaw@hoopersstores.com> Date: Mon, 6 Jul 2020 at 12:22 Subject: Updated - Wilmslow Fashion Matrix

To: My Hoopers <myhoopers@hoopersstores.com>

HI Tanya, Here ls the updated spreadsheet with Kathy's revised scores x

Debbie Shaw Operations Manager Hoopers Department Stores Hoopers, 35 Alderley Road, Wilmslow, Cheshire, SK9 1PB

Tanya Kavanagh

myHoopers - Project Manager Hccpers Department Stor es Head Office, Mount Pleasant Road, Tunbridge Wells, Kent, TN1 1QT

Tel: 01892 553265

g WM FASHION MATRIX 2.xls 31K

https://mail.google.com/mall/u/0?1k=(1 d1823f16&vlew=pt&search=al&permthld=thread-f%3A41672824328627474585%7Cmsg-1%341672824328...

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2107/2020

Parkstone Limited T/A Hoopers Mail - Fwd: Last Redundancy

HOO PERS

Steven Roberts <stevenroberts@hoopersstores.com>

Fwd:LastRedundancy 1 message My Hoopers <myhoopers@hoopersstores.com> To: Data Protection Officer <dpo@hoopersstores.com>

21 July 2020 at 12:03

--- Forwarded message From: My Hoopers <myhoopers@hoopersstores.com> Date: Fri, 17 Jul 2020 at 08:54 Subject: Re: Last Redundancy To: Tracey Danson-Brown <traceydanson-brown@hoopersstores.com> Cc: Debra Angus <debraangus@hoopersstores.com>, Debbie Shaw <debbleshaw@hoopersstores.com> Thank you Tracey,

ì

Let me know If you want to talk though Kathryn's emails before responding. Kindest Tanya On Fri, 17 Jul 2020 at 08:45, Tracey Danson-Brown <traceydanson-brown@hoopersstores.com> wrote: Good Moring, I

Just emailing to confinn that I have not been contacted by Kathy (Kathleen) Collinge. The seven days appeal window expired yesterday. I have checked my emails, spam file and the post. Kind regards Tracey Tracey Danson-Brown

Operations Manager Hoopers Department Stores

: Mount Pleasant Road, Tunbridge Wells, Kent, TN11QT

Tel: 01892 553293

) i On Thu, 9 Jul 2020 at 10:34, My Hoopers <myhoopers@hoopersstores.com> wrote: ; } Dear Both, I

I

· i

To confirm this morning, we had our final call with Kathleen Collinge from Wilmslow with her union representative ' in attendance. i i

We were challenged again on the 'subjective' criteria, ,same response as In the two previous meetings. We confirmed the redundancy and I have compiled the attached letter which Debbie will forward on to Kathy.

¡ Tracey - we have you down as the line of appeal, as HR Advisor.

We have not used Susan in this instance as she was one of the scorers for this particular case, and I believe this is the only one, If any of all we have confirmed that may appeal. She has seven calendar days from today - so up 1 until Thursday 16th July. : If you do receive anything, I will then of course share with you all correspondence, and scoring matrices for the , : whole pool.

i

t

Kind regards , Tanya

I

I I

, https://mail.google.com/mall/u/0?/k=f131823f1e&view=pt&search=all&permthid=thread-(%341672824139399825895%7Cmsg-%341672824153...

1/2


1/UuU

Parkst one Limi ted TIA Hoopers Mail - Fwd: Subject Acce ss Request

HOO PERS

Steven Roberts <stevenroberts@hoopersstores.com>

Fwd: Subject Access Request 1 message My Hoopers <myhoopers@hoopersstores.com> To: Data Protection Officer <dpo@hoopersstores.com>

21July 2020 at 12:03

--- Forwarded message --------From: My Hoopers <myhoopers@hoopersstores.com> Date: Mon, 20 Jul 2020 at 12:35 Subject: Re: Subject Access Request To: Kathy Collinge <kittycollinge@gmail.com> Cc: Clare Hansen <Clare.Hansen@usdaw.org.uk>

Dear Kathy, Just to let you know the offices do not operate on a Monday, so Steven will not receive your email until he is In tomorrow; his working days are Tuesday through to Saturday on reduced hours in line with the stores current trading pattern.

I do want to help though, and clarify a few of your comments. In regards to the selection scoring matrix, you queried that this has never been used by Hoopers before to your knowledge. I can confirm that this is a process Hoopers has used previously; the last time being in early 2009 following a significant economic downturn. You mentioned your appraisals being part of the scoring process. This Is not the case. We did discuss during our consultations that appraisals are not taken Into account during the scoring process. You were witness to this during our process, as you were given the opportunity to comment on the provisional scores given and your own reasonings behind why you felt they could be challenged; and during one of our consultations we did just that reflecting on your own Individuai feedback, and where both parties agreed the scoring was amended. The scoring process Is done the same way by the scorers; on their own observations and understanding, and quantified by a second, hence then the opportunity to consult with those individuals at risk. Just to confirm; our DPO will collate all you have requested under your SAR and these will be sent to you within the specified tlmellnes.

)

Kind regards Tanya On Mon, 20 Jul 2020 at 12:04, Kathy Collinge <kittycollinge@gmail.com> wrote: ; Dear Steven,

, l Thank you for your email. i

i

I

I

I

i

The request is based on my notice of termination whereby a Matrix Scoring system has been used, something } which has never been seen at Hoopers before, to my knowledge. I 0 t

' : The Subject Access Request is to establish any communication between managers, referencing myself in any context, which could form part of my defence or part of Hoopers I

https: //mall.goo gle.com/mall/u/0?Ik=f1d1823f1e&view=pt&search=all&permt hid=thread-a%3Ar6095462354253772343%7Cmsg -f%34167282416...

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Employee Appraisals and their supporting notes, form part of this process. Upon requesting site of my appraisals, which are normally stored in the desk of either, the Fashion Floor Managers Office or the office of Debbie Shaw. I ,was informed they are not available other than through DPO,

During the second telephone conference for the selection of redundancy Debbie Shaw stated that all documents 'aro uuith hoa! ffo an! enuhlet to (2fp nr ira -···--- -···-- -···- ---~--- -- --·. ·r -----· --·

The last appraisal A have seen is 2018. t have not had sight of any since, nor any memos, notes or letters referencing any appraisal, although they have taken place in 2017/2018/2019 around April May of each year.

Kind regards

Kathleen Anne Collinge ]

'Tel 07875 933303 cc Clare Hansen USADW I

,cc Tanya Cavanagh

From: Data Protection Officer <dpo@hoopersstores.com> Sent: 17 July 2020 12:50 kittycollinge@gmail.com , Subject: Re: Subject Access Request

I

1

,To: '

I

I

I

Dear Kathleen

I

I !

J i Your Subject Access Request Is currently being processed, before it can be completed may I seek clarification on the 4th part of your request. I I ; I

I You have requested - "Any notes or emails between managers concerning myself." I

I

: Would It be possible for you to specify which managers you would like to be Included in this ,search and also specify a date range? i

I

i Kind

Regards

i

i

Steven Roberts Data Protection Officer

https://mail.google.com/mail/u/0?lk=(1d1823f1e&view=pt&search=all&permthid=thread-a%3Ar6095462354253772343%7Cmsg-P%34167282416...

2/4


---------- Forwarded message --------From: Tracey Danson-Brown <traceydanson-brown@hoopersstores.com> Date: Thu, 30 Jul 2020 at 10:45

Subject: Fwd: Appeal against redundancy procedure To: My Hoopers <myhoopers@hoopersstores.com>

Hi Tanya, Response from Kathy Collinge received this morning. Might hear from USDA W tomorrow, I'll keep you posted. Thanks Tracey

Tracey Danson-Brown Operations Manager Hoopers Department Stores Mount Pleasant Road, Tunbridge Wells, Kent, TNl lQT Tel: 01892 553293 Working Days Tuesday to Saturday 10 -4pm

---------- Forwarded message --------From: Kitty Collinge <kittycollinge@gmail.com> Date: Thu, 30 Jul 2020 at 10:33 Subject: Re: Appeal against redundancy procedure To: Tracey Danson-Brown <traceydanson-brown@hoopersstores.com> Hi Tracey Thank you for your text. My representative at USDAW won't be back in the office until tomorrow. I have sent your email on to her as I don't know the answer to your question. Regards Kathy Sent from my iPhone

On 28 Jul 2020, at 17:15, Tracey Danson-Brown <traceydanson-brown@hoopersstores.com> wrote:


Dear Kathy, Further to my email response on 23rd July, I just wanted to follow up to let you know that I am now back in the business. I have not yet received any comm unication from USDA W, would you know if this has already been posted to me? Once I have received this, I can then start the investigation. Kind regards Tracey

Tracey Danson-Brown Operations Manager Hoopers Department Stores Mount Pleasant Road, Tunbridge Wells, Kent, TNl lQT Tel: 01892 553293 Working Days Tuesday to Saturday 10 -4pm

On Mon, 20 Jul 2020 at 11 :06, Kathy Collinge <kittycollinge@gmail.com> wrote: To Tracey Danson-Brown, HR Advisor, c/o Hoopers Tunbridge Wells, TNl lQT

Kathleen Collinge The Worthington Highgrove Ancoats Lane Alderley Edge Cheshire SK97TT 07875-933303 kittycollinge@gmail.com

Tracey Danson-Brown,


e.e. Clare Hansen USDAW

~

Virus-free. www.avg.com

HOOPERS Access a world of style ... www.hoopersstores.com Hoopers Limited and Subsidiaries Disclaimer This email and any attachments are confidential and also may be privileged. If you are not the named recipient, or have otherwise received this communication in error, please delete it from your computer, notify the sender immediately and do not disclose its contents to any other person, use them for any purpose, or store or copy them in any medium. We believe but do not guarantee that this email and any attachments are free of viruses and other harmful components. However, you should satisfy yourself that it is free from harmful components, as we do not accept responsibility for any loss or damage it may cause to your computer systems. Hoopers is a trading name of Parkstone Ltd Registered in England and Wales No 1603910 Registered Office: Cheveley Park Stud, Duchess Drive, Newmarket, Suffolk CB8 9DD

Tanya Kavanagh PA to Managing Director Hoopers Department Stores Head Office, Mount Pleasant Road, Tunbridge Wells, Kent, TNl lQT Tel: 01892 553265

q7c


HR Advisor, c/o Hoopers Tunbridge Wells, TNl lQT

Dear Mrs Danson-Brown,

Hoopers /Parkstone- Wilmslow

Further to my Notice of Redundancy from Hoopers Wilmslow.

This letter is to inform you that I am appealing against the selection criteria used by Hoopers to select me for redundancy.

The guidance provided to me by USDAW instructed me to complete official forms which they now have in their possession

I was informed today by USDAW that a formal appeal letter has to be sent directly to Hoopers.

Please accept this letter as a formal appeal letter against the redundancy.

Your sincerely

Kathleen Anne Collinge


---------- Forwarded message --------From: Clare Hansen <Clare.Hansen@usdaw.org.uk>

Date: Mon, 3 Aug 2020 at 19:34 Subject: Re: Kathy Collinge To: My Hoopers <myhoopers@hoopersstores.com> Cc: Tracey Danson-Brown <traceydanson-brown@hoopersstores.com>

Thanks Tanya I think there was a lot of paperwork sent which really confused Kathy. If you are happy for me to send you some points, then I am happy to do so. Just to Speed up the process. If you want Kathy to send them then I can help with that.

I think Kathy thought I was going to put the same letter in as she was and wasn't sure on how to appeal (obviously it is stated in her letter) she assumed she could wait until after receieving the SAR. Thanks for your patience and please let me know what you Both prefer Best wishes Clare Sent from my iPhone On 3 Aug 2020, at 15:54, My Hoopers <myhoopers@hoopersstores.com> wrote:

Hello Clare, Kathy emailed Tracey Danson-Brown to inform her she would be appealing. She stated that she had completed some forms for USDAW, which would be on their way. There is not 'reason' for appeal stated in Kathy's email to Tracey, just that she would be appealing. I understand Tracey has contacted Kathy to say she is awaiting the appeal documents (which she is assuming will be coming from USDA W) so that she can begin her investigation. Hope that helps?? Tracey is copied above, as she is the line of appeal stated in Kathy's letter, the timeline for appeal was enclosed (7 calendar days from date of letter which was 9th July) - however unfortunately Kathy's email came one week later (email sent 20th July) at which point Tracey was then away on annual leave. Hence she has confirmed with Kathy she is back now, and awaiting the appeal, Tracey hasn't turned down her right to appeal although later than the date specified - she just needs to understand the reasons for appeal. Kindest

o7


Tanya

On Mon, 3 Aug 2020 at 15 :26, Clare Hansen <Clare.Hansen@usdaw.org. uk<mailto :Clare.Hansen@usdaw.org. uk> > wrote: Hi Tanya Hope you are well I apologise for any lateness, but I am not aware of any documents that we would be sending to you. I believe Kathy sent you an e-mail with regards to this. Are you expecting something off us? I think there has been some confusion here with regards to the appeal and the SAR

Kind Regards Clare Hansen Usdaw North West Division This e-mail (including any attachments) may contain confidential and/or privileged information. Any views expressed in this message are the views of the individual sender, except where the sender specifically states them to be the views of Usdaw. If you are not the intended recipient, any reliance on, use, disclosure, dissemination,

distribution or copying of this e-mail or attachments is strictly prohibited. Please notify the sender and delete the e-mail and all attachments immediately. Do not open any attachment, copy, store or distribute the information or take any action in respect of it. U sdaw have taken steps to ensure that this email is free from viruses but the contents of an attachment may still contain software viruses, which could damage your computer system. We do not accept liability for any damage you sustain as a result of a virus introduced by this e-mail or any attachment and you are advised to use up-to-date virus checking software. Email transmission cannot be guaranteed to be secure or error free. Usdaw reserves the right to monitor E-mails in accordance with the General Data Protection Regulations. Senders of messages shall be taken to consent to the monitoring and recording of e-mails addressed to Usdaw.

This message has been scanned for malware by Websense. www.websense.com<http://www.websense.com>

Tanya Kavanagh PA to Managing Director

a1F


Hoopers Department Stores Head Office, Mount Pleasant Road, Tunbridge Wells, Kent, TN 1 1 QT Tel: 01892 553265

[X] Access a world of style ... www.hoopersstores.com<http://www.hoopersstores.com>

Hoopers Limited and Subsidiaries Disclaimer This email and any attachments are confidential and also may be privileged. If you are not the named recipient, or have otherwise received this communication in error, please delete it from your computer, notify the sender immediately and do not disclose its contents to any other person, use them for any purpose, or store or copy them in any medium. We believe but do not guarantee that this email and any attachments are free of viruses and other harmful components. However, you should satisfy yourself that it is free from harmful components, as we do not accept responsibility for any loss or damage it may cause to your computer systems.

Hoopers is a trading name of Parkstone Ltd Registered in England and Wales No 1603910 Registered Office: Cheveley Park Stud, Duchess Drive, Newmarket, Suffolk CB8 9DD

Tanya Kavanagh PA to Managing Director Hoopers Department Stores Head Office, Mount Pleasant Road, Tunbridge Wells, Kent, TNl lQT Tel: 01892 553265

HOOPERS



HOOPERS Head Office: Mount Pleasant Road, Tunbridge Wells, Kent TN1 1QT Tel: 01892 530222 Fax: 01892 549715

Private & Confidential Clare Hansen

BY EMAIL

7

August 2020

Dear Clare, Thank you for contacting me on behalf of Kathy Collinge, and detailing the points she wishes to be considered in regards to an appeal against the decision of redundancy. I have taken time, considered and investigated your queries where appropriate, and below please see my responses to each point: 1. The selection criteria was subjective and not supported with any evidence as requested. Although Kathy's scores were changed through consultation, we do not believe such subjective selection criteria should have been used. Furthermore, if such criteria is used, it should be completed by a more direct line manager and Kathy raised this point in her meetings. This should be considered. I understand your concerns in regards to the selection criteria, where you believe that some of the areas were subjective. Our selection matrix has two sections; Section 1 on Absence & Disciplinaries which is entirely objective; and Section 2 on Work Performance. We note that the scoring system we use in relation to work performance is very much like the one recommended and endorsed by the ACAS guide on redundancy selection. In fact, the system that we use contains greater safeguards than the example given in the ACAS guidance. For these reasons, we are satisfied that the element of subjectivity associated with judgements on work performance is minimised. We also think that it would be unfair to high performing employees to select only on the basis of entirely objective criteria relating to attendance and discipline, since these elements do not in themselves reflect the value of an individual's contribution to the business. We are satisfied that the approach we adopt in relation to work performance substantially exceeds the process recommended by ACAS in relation to assessing work performance and quality as part of a redundancy selection process. 2. It is clear that staff scored lower than Kathy through the SAR information sent, yet Kathy was chosen for redundancy. It is not clear how many people were to be made redundant through this process and furthermore ; unclear as to why Kathy was chosen given her scores are seemingly higher than anyone else's in the information we have been sent.


I am unsure where it is clear that staff scored lower than Kathy. It is the overall score not individual scores by criteria that the overall result is based on. Kathy's final score following consultation was 158 this was the lowest within her pool. If I am incorrect here from the SAR information you have, unfortunately I do not have access to any of that, then please feel free to challenge back and I will investigate further. Section 1 of the scoring matrix is where Kathy lost the majority of her scores due to absence from work. Indeed in section 2, which you refer to as subjective criteria, this area did in fact go to help Kathy's overall score following full consultation. In this restructure process of our Wilmslow store, specific cost saving needed to be made to ensure its viability during these pandemic times. All areas of the business were scored, and a detailed profiling was done using the trading hours and the exact amount of man hours needed by area (pool). We offered voluntary redundancy first before having to go down the compulsory redundancy route to meet cost savings needed. In the Wilmslow store there were ten voluntary redundancies - four of which were from the fashion area (pool). Savings needed despite these personnel stepping forward were not met and the reduction in man hours in specific areas were not met, hence compulsory redundancies were necessary.

3. The absence history was unfair criteria and this point was raised in the meetings. We feel it was unfair to go back 2 years. I am sorry that you feel two years is an unfair period of time to access absence. The company however consider that reviewing absence records over a two year period is appropriate. We feel that aorter sh iod per aym unfairly affect those whove had ha one period of mixed attendance which is not typical of their long terms attendance. A longer period of assessment would involve historic absences that may again not be typical of current or more recent attendance levels. We recognise that different periods could be argued for, but we feel that two years strikes a fair balance and is rocnallo T' rortir +lo caro rocnnnco te tetto» a ttt »t art t t t» attt» »at tao

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period of assessment has always been used whenever our selection scoring matrix has been needed.

4. We do not think it is a coincidence that Kathy is the oldest person being made redundant - linking in with point 2- seeing how people scored a lot lower and have not been made redundant Again I am sorry you feel this way, this is by no means the case and criteria was not applied to any in regards to age or length of service. People have not scored a lot lower overall in this pool, as stated previously the overall score is how the selection is based, and Kathy scored lowest in her pool at 158. As I have said, Kathy scored lower than others mainly as a result of her attendance record. This is a matter of record, and therefore it cannot be the case that improper matters relating to age were taken into account and I do not think there is any merit to the concern that you have ra i sed.


Having reviewed the full proce ss followed by the company, I can confirm that I am confident in the final decision that was made; and therefore will not be overturning the redundancy decision for this appeal.

Kind regards Trace y

Tracey Danson-Brown

HR Advisor

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Using selection criteria You should have included selection criteria in your consultation. Criteria should be as 'objective' and 'measurable' as possible. This means it should be fair, be based on facts that can be measured and not be affected by personal opinions. You must use the same way of scoring criteria for all employees in the pool. Agreed selection criteria scoring is useful as: • it can be applied to everyone (although you might need to use different scoring for different groups of employees - for example, the engineering team might have a different scoring from the sales team) • it can be easily explained to everyone • employees feel they're being treated fairly • it gives a clear, structured and consistent system for managing selection issues • it can be used at employment tribunals to defend an employer's decision Examples of selection criteria could include: • standard of work or performance • skills, qualifications or experience • attendance record, which must be accurate and not include absences relating to disability, pregnancy or maternity • disciplinary record

How to score employees You can have different levels of points according to the importance of each criteria ('weighting') for your organisation's needs. For example, if it's agreed that attendance record is less important than performance, you can allow fewer points for this. So you could score attendance out of 5 points and performance out of 10. You should have written evidence against each of the criteria. Example scoring criteria and points Work performance: • outstanding- consistently exceeds company standard 15 • exceeds objectives of the role 12 • meets all objectives of the role 9 • meets some objectives of the role 6 • fails to meet objectives of the role 3 Skills and competence: • fully competent, multi-skilled, supports others on regular basis 15 • fully competent in current role 12 • competent in most aspects of current role, requires some supervision 9 • some competence in role, requires regular supervision and guidance 6 • cannot function without close support or supervision 3 Disciplinary record: • no record of disciplinary action 5 • record of informal disciplinary action 4 • verbal warning current 3 • written warning current 2 • final written warning current 1

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Attendance record: • no recorded absence • some absence but below average for selection pool (or workplace) 4 • attendance in line with workplace (or selection pool) average 3 • absence level above average for selection pool ( or workplace) 2 • high and unacceptable level of absence 1


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Score

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Score

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Score

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Score 2.8

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Total 18 12 17 13 12 13 15 9 9 13 13 9 8

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Final Final Final Final Final Final Final Final Final Final

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12 9 8 9 9 8 11 10 9 4 10

Score 2.6

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11 10 13 13 12 13 14 14 13 8 12

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2.7 NIA NIA NIA NIA 21 20 17 28 35 11 30 17 25

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HOO PERS Head Office: Mount Pleasant Road, Tunbridge Wells, Kent TN 1 1QT Tel: 01892 530222 Fax: 01892 549715

Saturday 1" August 2020 BY EMAIL

Warning of Possible Redundancies It is with great regret that I am writing to inform you that due to the financial impact on our business of the Covid 19 pandemic we have to consider a fundamental review of our operating practices and structure in order to be able to withstand the pressures currently being experienced by our business. Since we reopened on the 18" June we have had to face a very new and unpredictable retail environment. In order to operate within the Covid 19 restrictions and to ensure the safety of our staff and customers, areas of the business have had to remain closed and our hours of trading have been reduced by 44%. We do not anticipate these restrictions changing at this point in time as we have no tangible evidence that footfall and trade will be returning to its normal pre lockdown levels that would allow us to continue to sustain our current cost base. We therefore need to look at how we operate our business in order to restructure it to remain viable. This will unfortunately mean that part of the review will involve our levels and deployment of staff and could lead to potential redundancies and/or changes in current terms and conditions of employment. We will be exploring ways of avoiding compulsory redundancies and minimising the number of employees affected, but we felt that it was fair to warn colleagues that all areas of our business will likely be impacted by these proposals. Given the number of employees likely to be affected at each of our locations we will be carrying out a consultation exercise with elected staff representatives of affected employees in due course (this is necessary where the proposals mean that 20 or more employees could be made redundant). When the consultation starts, we will provide further information on the proposals to the elected staff representatives who will be responsible for sharing this information with the affected employees they have been elected to represent. The consultation will cover our proposed changes, selection criteria and discussions on ways of avoiding or reducing the number of redundancies.

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If you wish to stand for election to represent affected employees in your location during the collective consultation process please communicate directly with Tanya Kavanagh at myhoopers@hoopersstores.com by providing your name, job title and location by no later than Wednesday 5" August 2020 and she will send you details of the responsibilities of a staff representative. Anticipated numbers of representatives needed in each area of our business at each location will be communicated in due course. At this stage we are just establishing who is interested in standing. We envisage that elections for staff representatives will take place within the next

two to three weeks, and the full consultation pr ocess will take betweenfive and eight weeks thereafter, although this is only a rough timescale and may be subject to change. Following consultation with the elected staff representatives, we will arrange individual meetings with affected employees to consult them individualiy about the company's proposals and how they may affect them personally. We understand that this is a difficult notice to receive but we will endeavour to conduct this process in the most compassionate manner. Kind regards

Debra Angus Managing Director

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Kathleen Anne Collinge The Worthington, Highgrove, Ancoats Lane Alderley edge Cheshire SK97TT

Gill Peake-Steel Hoopers (Parkstone Ltd) 35 Alderley Rd, Wilmslow Cheshire SK9 1PB.

7 September 2016

Dear Gill, SUNDAY TRADING- CONTRACT OF EMPLOYMENT Under the Employment Rights Act 1966 quoted in my terms and conditions of employment, which states I have the right to' Opt-Out' of Sunday Trading. This letter is notice of exercising that right to 'Opt-Out' of Sunday Working. Reason To provide "end of life" care for my husband's 93-year-old Mother and relieve the strain on other family members.

Yours sincerely,

K d.ola o Kathleen coilinge


Dear Simon and Gill, In 2016 Gill thought it would be possible for me to drop a day at the beginning of 2017 reducing my working week from S days to 4. This didn't happen but she did say I would be able to reduce my days once the fashion floor had completed its renovations. This is 99% complete and I would like to readdress the question of dropping a day. My circumstances have changed in insofar as my husband's mother is 95 years old and we have a commitment to the rest of the family to share the responsibility of her as she still lives in her home. As I only have one day off a week this is proving very difficult. The day I would like to drop are future Saturdays. I have studied the daily rota and there is a resource of 15 people on the fashion floor available to work on Saturdays.

Kathy Collinge

10 October 2017

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From: My Hoopers <myhoopers@hoopersstores.com> Sent: 24 June 2020 11:41 To: Clare Hansen Subject: Query regarding Angela Collier's consultation Dear Clare, In regards to the query put to the company during Angela Colliers' consultation today, you asked why we are hosting redundancy consultations now? I will respond to this, as you would likely be asking in our scheduled meeting of 1st July with Kathleen Collinge and therefore in advance of that can I can respond now: The reason we have started this process is because we have concluded that we have good visibility as to our expected level of income over the medium term, and also because we need to move quickly in order to avoid further redundancies in the future. We do not think that there is a significant prospect of a better trading position than the one that we have modelled, and the cost of delay would be to run a greater level of risk than we think would be responsible. Our primary aim is to get the business into the shape that we believe is required as quickly as possible. Kind regards Tanya

Tanya Kavanagh PA to Managing Director Hoopers Department Stores Head Office, Mount Pleasant Road, Tel: 01892 553265

Tunbridge Wells,

Kent,

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Access a world of style ... www.hoopersstores.com Hoopers Limited and Subsidiaries Disclaimer This email and any attachments are confidential and also may be privileged. If you are not the named recipient, or have otherwise received this comm unication in error, please delete it from your computer, notify the sender imm ediately and do not disclose its contents to any other person, use them for any purpose, or store or copy them in any medium. We believe but do not guarantee that this email and any attachments are free of viruses and other harmful components. However, you should satisfy yourself that it is free from harmful components, as we do not accept responsibility for any loss or damage it may cause to your computer systems. Hoopers is a trading name of Parkstone Ltd Registered in England and Wales No 1603910 Registered Office: Cheveley Park


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IN THE MANCHESTER EMPLOYMENT TRIBUNAL

Case No: 2415460/2020

Between MRS K COLLINGE

Claimant

and PARKSTONE LIMITED

Respondent

WITNESS STATEMENT

1.

My name is Kathleen Collinge of The Worthington, Highgrove, Alderley Edge SK9 ?TT and this is my statement in support of my claim for unfair dismissal.

2.

I was employed by Hoopers Store Wilmslow, a store owned by the above respondent from 3 April 2013 until I was dismissed being made redundant on 29 August 2020. Up until I was made redundant, I enjoyed my role as a fashion assistant. My duties covered, Personal Shopping, Stock Taking, Merchandising, Displays, Fashion Shows, Credit Card payments, Stock Liaison with other Hoopers' stores. I had a good rapport with my customers who after 7 years used to ask for me personally to serve them. I also had a good relationship with my colleagues on the Fashion Floor.

3.

I am a reliable employee who always used my initiative and was committed to the business success. I was never aware of any issues relating to behaviour or performance in my time at the store. These would have been captured in any yearly reviews, but in the ones from 2013, 2014 and 2016 - there have only been positive comments made. Nor did I have any disciplinary record. I was never disciplined or investigated for the any of the behavioural issues as captured in my scoring matrix.

4.

Appraisals dated 2015, 2017, 2018 and 2019 were requested from Hoopers' Data Protection Department but still remain unavailable to me. All my appraisals were conducted by my Floor Manager, Gill Peake-Steel always using the same methodology.

5.

I believe I was unfairly selected for redundancy through the Scoring Matrix in which the company scored me the lowest of the department. I believe the company scored me lower in categories where they were able to be more subjective and I believe it was too subjective. These scores given in my initial scoring which put me at risk above my colleagues, are at the lowest they possibly could be. It is reasonable to believe that this low score would normally reflect a poor colleague who has had a series of performance issues


or disciplinary for conduct (behaviour). There was no justification for these scores in any previous documented history as described in the above points. During all of my consultations, myself and my representative, Clare Hansen, asked for any evidence to substantiate these scores- even if it could offer up reasonable belief to justify the lower scores, but we were not given any. I certainly believe these types of conduct issues would have been raised by my line manager in my annual reviews, but we did not receive this information when asked via e-mail and only one was sent by subject access request. 6.

On 23 March 2020 Hoopers closed for 3 months because of Covid 19.I compietely understood having had my own fashion business for four years that redundancies were inevitable as the retail business would be one of the

first to be severely affected. However, my union representative and I raised that this decision to make redundancies was slightly premature. There could have been alternatives such as asking staff to temporarily reduce their hours as has been the case in other companies. 7.

My representative, Clare Hansen, asked for the business case regarding any figures and rationale behind the decision to make redundancies at this early stage, but we were told that the business were unable to provide such evidence. In an e-mail, we later found out that there was no such business case.

8.

was astonished when on 22 June 2020, during my first telephone consultation with Debbie Shaw and Tanya Kavanagh, where i raised the fact that ! was surprised at my scores being so low that they collectively raised an incident relating to me not wearing tights from two years earlier and how I had broken the rules. This incident had not been documented. It was an incident raised by Susan Marshall who had involvement, I later found out, in my scoring. I felt it was unfair to use this against me, and believe it was brought up in the more subjective criteria as the company could not change the score of my disciplinary warnings. I believe that this incident is ref erred to under the heading 'supporting comments' on the scoring matrix.

9.

I do not believe that one of the managers involved in my scoring should have been involved at all- Susan Marshall. Susan Marshall joined Hoopers in eariy 2018 as General Manager. I did not work closely with the store general manager and did not see myself as having any type of close relationship within the business. We raised this as an issue and raised it as a point that someone who had known me longer and knew more about my working history should have scored me- such as my line manager, as this would have been a fairer and more balanced review spanning over a longer period of time. This is also in consistent with other staff members, as I was the only person Susan Marshall had input with. The others were scored by Deborah Shaw and Pat Copp-Barton and did not have any input from the store general manager. Furthermore, and to the best of my knowledge, Susan Marshall did not have input into the scoring of any other member of staff. I refer to the e-mail dated 9" July from Tanya Kavanagh to Tracey DansonBrown (appeal manager) and Debbie Shaw where Tanya states 'Tracey we


have you down as the line of appeal, as HR advisor. We have not used Susan in this instance as she was one of the scorers in this particular case.'

10.

I believe that the reason for my redundancy is a lot more personal and subjective than that of others, because I am not afraid at confronting issues which are incorrect. I do not believe this was favoured by the management due to various incidents that have occurred in my time at Hoopers. There have been many incidents in my career where I have defended myself and others in situations which have been unfair. The company allude to the fact that I am confrontational in their own e-mails between each other, which I received through subject access. I cannot help but believe their views have been subjective and biased towards me.

11.

I feel the only way the company could make sure I was made redundant was by using this subjective criteria named exaggerating it. Had they only used a scoring matrix based on factual points, it would not have been as clear cut and I possibly would not have been made redundant. Had they also spanned the absence over one year rather than two; this would have also given me a lower score or a similar score to others. Debbie Shaw herself admits in an email that my absence really 'pulls my score down'. I did e-mail both Debbie Shaw and Tanya Kavanagh about the calculation of my sick days, as I did not believe it was correct and I maintained this for the duration of my consultation. However, the company failed to change the score and failed to agree to my points which I still maintain

12.

During my meeting, I told both Debbie Shaw and Tanya Kavanagh that I felt this was more personal due to several incidents that had occurred in my history and some of them included Susan Marshall and that the scoring could only reflect these incidents rather than anything more substantial. They did not agree with my point even though I gave them many examples such as defending a colleague and other misunderstandings on the shop floor where I had defended myself. I found it odd they disagreed with this and told me that would have no effect on my score, yet they themselves had alluded to an incident to justify one of their points and justify the low scores. The consultation felt like a battle and completely unbalanced. They did not agree to improve the scores to what I suggested due to their lack of supporting evidence, but they did agree to change the scores slightly. However, due to the scores being so low in the first instance- it still kept me in the lower banding and, therefore, still at risk. I later found out from a subject access request that Tanya Kavanagh had already suggested leaving some 'jiggle room' as Debbie Shaw had alluded to the fact that I would not be happy and would probably argue as I 'always did.' I felt this was a little personal and believe they already had it in mind to make sure I would score the lowest. 13.1 further raised that I felt some of their decision making was based on the fact

that I had opted out of Sundays, as I know that it was a considerable problem with Susan Marshall who was completing the scoring matrix- one of the lowest scores is on this point and the comments allude to the fact that I was not flexible and had opted out of Sunday working. This has caused issues in the past and I have evidence where I was told Susan Marshall did not understand


why anyone who worked in retail could opt out of Sunday working. This was less than favourable to her and it was often the case that I felt pressured to work on a Sunday. In 2016 I opted out of working Sundays as part of our family support group caring for my husband's mother, who was then 94 years' old suffering from dementia. Failing to work on Sundays didn't allow me to work extra Christmas hours and allegedly was unfavourable to the company although I was exercising my statutory right for very good reasons. I allude to the emails from the 22" of August 2019 our new Department Manager, Pat Copp-Barton on orders from Mrs. Marshall, the General Manager left an internal memo on one of our desks "asking all staff to consider their options

carefully regarding working on a Sunday'and to sign it. Pat toid me that Mrs. Marshall" could not understand why people who joined a Retail Company should have a problem working Sundays. Furthermore, In relation to this point- this was reflected poorly in my scoring matrix and I feel this is unfair, as the request was accepted at the time and should not be used against me. Within the matrix it goes into detail about my inability to be 'flexible' and I have included my reasoning as to why, which I believe should have been mitigated. 14. Further to the above point; I did work Sundays when Hoopers did their stock taking. Hoopers said working Sundays was in my contract, but I had opted out and not had any of my contract changed as a result and the request was not refused. When I elected to drop Sundays, I could have refused to do the stocktaking but I let it go because my colleagues had to do it and I wanted to be part of the team. Therefore, the comments in 2.6 of the scoring are unfair, unjustified and very personal. 15.

During my consultation, we objected to the absence period spanning across two years as this put me at more of a disadvantage considering that I had been there the longest compared to some of the other staff that did not get made redundant. This coupled with the subjectivity amounted to unfair selection criteria. It is reasonable to believe that this would always put people with longer service at a disadvantage compared to staff that have only worked with the company for a few months.

16.

Even though my scores were low I believe the consultation managers simply humoured me in giving me a few more points as to try to prove a full and thorough consultation- especially after reading the e-mail where it is stated that they should leave some 'jiggle room' almost as if they knew the scores were too low. However, it still left me with the lowest scores. My scores were so low in the first place - and at the lowest end of the banding despite on the original documentation there were no reasons for the scores given. This leads me to also believe that not much consideration was given other than to simply ensure that the scores were low. The scores were also so low within the banding that the few extra points would not and did not make a difference- a fact that we pointed out throughout. I felt the consultation was not taken seriously and was never going to be taken seriously and this is evident through some of the emails I have since seen between Tanya Kavanagh and Debbie Marshall.


17.

The e-mails discussing my case where also shared with the appeals manager which would have impaired her judgement. She is supposed to be independent and not involved in the case whatsoever. This is clearly not the case given the e-mails I have received

18.

On

19.

I told the company my intention to appeal and the appeal manager was informed.

20.

As I did not hear anything about my appeal, my representative sent an e-mail to Tanya Kavanagh. There appeared to be some confusion around documentation and the company believed they were awaiting some further points. My representative therefore asked if she could send some of the points through to be considered.

21.

The company accepted my appeal and I was expecting a letter to invite me to a meeting where I could put my case to an independent manager and discuss any of the data I had received as a result of the subject access request.

22.

I was disappointed that I was not given a meeting to discuss my appeal or go into any further detail around some of the content I was given through my subject access request, which I had received after I was made redundantdespite several attempts to have some of this information in order to prepare for consultation. I assumed I would still have this opportunity to raise in the appeal, so I did not feel I had to raise it as a post grievance to the company.

23.

My appeal outcome was sent to my representative Clare Hansen rather than myself and it was a rejection of the points put forward

24.

I do not believe that my redundancy was fair. In looking at the case of Compair Maxam and the five principles - whilst I understand the difficulties businesses are having around the pandemic, I do believe there could have been more consideration given to alternative solutions, but nothing was put forward to us by the business and we were not asked during any consultations if we had any other ideas ourselves or to express any of our views as a collective. The company themselves did not discuss any other measures they had considered other than redundancy. They did open up voluntary redundancy, but we were not told as to whether this has any impact on the people who were finally made redundant as a part of this exercise. The company did not consult with us as a whole or give us any insight to proper rationale, nor did we have an opportunity to discuss the selection criteria used in the process. Although the company used factual selection criteria, a majority of my lowest scores fell into the criteria which was heavily subjective. A two year absence span was also unfair and left me at a disadvantage. I believe the company used the subjective criteria and the two years absence criteria to ensure I was made redundant. It should be that at least 50% of any scoring matrix should be objective and I believe the matrix used by Hoopers resulted in a failure by the company to balance objective and subjective criteria. To support this I scored 80 out of a possible 275

9" July, after my final consultation, I was made redundant from Hoopers.


which means that potentially almost two thirds of my scoring was subjective rather than a fair balance of subjective vs objective. I believe that this was due to the fact that my objective scores would potentially, on their own, kept me in employment which was not what I believe Hoopers wanted. I was never offered any alternative employment or any other option other than voluntary redundancy in the first instance. I believe at the early stages of the pandemic, there could have been alternatives suggestions outside of redundancy. 25.

I believe this statement to be true to the best of my knowledge and belief.

Signed

Date

.


IN THE EMPLOYMENT TRIBUNAL MANCHESTER

BETWEEN:

CASE NO. 2415460/2020

KATHLEEN COLLINGE

and

PARKSTONE LIMITED T/A HOOPERS

WITNESS STATEMENT OF DEBBIE SHAW

Debbie Shaw whose business address is at 35 Alderley Road, Wilmslow, Cheshire, SK9 1 PB will say as follows: -

1.

I am the Operations Manager of Hooper's Department Store in Wilmslow and I am making this statement in relation to the claim brought by Kathleen Collinge that she was unfairly selected for redundancy in July 2020. I was one of the two managers responsible for the scoring process used in identifying Kathleen Collinge as potentially redundant, and I made the decision to dismiss her by reason of redundancy

2.

The correct name of the Respondent is Parkstone Limited, but the trading name of the company is "Hoopers", and I shall refer to the Respondent by that name in this statement. Hoopers operate department stores, in Tunbridge Wells, Torquay, Harrogate and Wilmslow. It is a family owned business which is traded for approximately 40 years.

3.

I work exclusively for the Wilmslow store.

I joined Hoopers in 2002.

Prior to the redundancy

process which is the subject of this claim, there were approximately 100 employees at the Wilmslow store. The store manager is my colleague Susan Marshall, and I work closely with her, and together we constitute the senior leadership team at the store.


4.

I have responsibilities relating to personnel and buildings, and Susan Marshall takes responsibility for finance, buying and retail functions at the store.

Reporting to us are the department

managers. The store is organised into four distinct business areas, each of which has a head of department. The departments at Wilmslow are Women's Fashions, Men's Fashions, Homewares, Perfumery and Accessories, Restaurant, and Non-Selling.

5.

Reporting to each Head of Department are a number of sales consultants. Kathleen Collinge was a sales consultant in Women's Fashions, and reported to the head of that department, Pat Copp Barton.

Prior to the commencement of the redundancy process in the summer of 2020, the

headcount of the sales consultants in each department was as follows: -

a.

Women's Fashions- 20

b.

Men's Fashions - 8.

c.

Homewares- 13.

d.

Perfumery and Accessories - 15.

e.

Non Selling-20

f.

Resturant-15

Most of the employees at Wilmslow are part time employees, and therefore these numbers do not equate to full-time equivalents, which would have been significantly lower. In common with almost all of our sales consultants, Kathleen Collinge worked part-time.

6.

Prior to implementing redundancies, we have also been forced to cut our opening hours and days. All members of staff have unfortunately had to agree to vary there terms and conditions of employment, reducing their working hours, in order to reduce the number of compulsory redundancies required, and in order to seek to align our workforce with the footfall that we think we are likely to experience in the future.

7.

In May 2020, myself and Susan Marshall were contacted by Debra Angus, the managing director of Hooper's, who told us that in view of the much reduced level of trading expected in the foreseeable future, there was an urgent need to substantially reduce our cost base in order to keep the business viable. In our business, there are very few variable capital expenses that can be reduced.

Property costs are fixed, and cutting stock purchasing will reduce the quality of our


offer to customers, which may simply increase a declining footfall. Although consideration was given to cutting costs in other ways, it was clear that the great bulk of savings required would need to come from salary costs. I was not directly involved in discussions relating to the level of savings required at group level. That was undertaken by the owners and the finance team, who are aware of the group's long-term financial obligations, and determine the group's long-term business strategy. However, I was engaged around May 2020 in discussions over the minimum headcount that was required in order to deal with the level of business that we anticipated at that time.

8.

We concluded that in view of the difficulty in predicting future income that the only prudent step was to reduce the cost base as far as we could, consistent with offering a high level of customer experience, and on that basis, we agreed with our head office that the level of staffing which we needed to reduce at the Wilmslow store was 20% in all made up of voluntary and compulsory redundancies.

We established that in relation to staff savings, the number of redundancies

required was likely to be 20%, and it was hoped that as many redundancies as possible would come from voluntary redundancies.

9.

We discussed whether it was appropriate to implement redundancies while the government furlough scheme was still in place. We were aware that there was a possibility that we could postpone the redundancy process, and undertake it only when the government scheme was withdrawn. Our view was that this was not the right course of action to take, since it meant that we would not have any certainty as to when we would implement cost savings, and we would not have a viable cost base until a number of months after the furlough scheme ended. We also took the view collectively that the purpose of the government furlough scheme was to protect employment, and it was not in the spirit of the scheme to call on public funds to extend the employment of individuals when it was clear that those individuals would not be needed in the future.

We therefore decided that the correct thing to do was to commence the redundancy

process notwithstanding that the furlough scheme was at that point still in place.

10. At an early stage, we considered the pools that we would use to select individuals for redundancy. In our view, the sales consultant's work was to a substantial degree interchangeable, and therefore we included all of the sale consultants as a single pool across Women's, Men's, Homewares and Perfumery, rather than treating each of those departments as a separate pool. In


addition, there were two other pools, Non-Selling and Restaurant.

I was considered from

redundancy in the Non-Selling pool.

11. There were 65 people in the sales pool, and the first step we took was to seek volunteers. An email was sent out to all staff on 5 June 2020 (document SSA) explaining that there was a likelihood that redundancies would be required, and seeking volunteers.

As a result of that

request, we received and accepted 1 O applications for voluntary redundancy, 9 of which came from the sales pool.

It was clear that this did not achieve the savings required, and that we

needed to seek 6 further redundancies from sales. It was also clear, and we were clear to staff, that because in the future we would have many less sales consultants, we would be working more flexibly in the future, with individuals working across departments.

12. The scoring matrix we used is set out at (document 81-86). The basic matrix was put forward by our HR consultant, Tanya Kavanagh, and I believe it is based on an ACAS model scoring matrix, which I have also included in the bundle by way of comparison (document 101-102). I was very confident in the matrix that we used, and I felt that the categories of scores were relevant and appropriate.

I would like to explain the process we used in reaching provisional scores for

Kathleen Col linge, and all of her colleagues in the sales pool.

13. The scoring was done by myself and Susan Marshall together, and the scores were compiled over a period of two weeks in a series of half day meetings. I would estimate that in total, the process of carrying out initial scoring of the sales pool took approximately 20 hours in total. The score sheet that as completed for Kathleen is at document 55A-H, and it includes comments that Susan and I discussed and agreed upon. The comments section was not included within the score sheet we sent to Kathleen, because we thought that it would be better to go through that detail at the consultation meetings, which we did.

14. I am aware that one of Kathleen Collinge's concerns is that myself and Susan Marshall had insufficient first-hand knowledge of her work in order to be able to score her accurately, and that Susan Marshall in particular disliked her and was consequently likely to score her lower.

I am

satisfied that Susan and I had detailed knowledge of all of the individuals in the sales pool. Susan Marshall has worked at the store for 2.5 years, and has daily contact with the sales team and all of the heads of department, including the head of ladies fashions, who reports to her.

I had also


been in post for 2.5 years, and I also interact with the fashions team every day. We did consider inviting the department manager to take part in the scoring process, but since the department manager was also at risk of redundancy and on furlough at that time,, and in view of the fact that Susan Marshall and I were satisfied that we had detailed knowledge of all of those within the pool, we concluded that we were appropriate scorers for that particular pool.

15. Before we commenced the scoring process, we received guidance from Tanya Kavanagh as to best practice in relation to scoring individuals, and it was made clear to us that where judgements were being made about performance, personal behaviours etc. it was important that those were evidence based, and consistent across the pool.

We were very careful to read and apply the

descriptors in the matrix, relating to various behaviours, and the scores that would be applicable to those, and the great bulk of the time that Susan Marshall and I spent in carrying out the scoring was in discussing individuals, criterion by criterion, discussing our experience of them, and seeking to reach a consensus as to the scores that we thought were evidence based. In some cases, if we did not agree on individuals, we challenged each other and disclosed our own experience of those individuals. On many occasions, we referred to personnel files, which we had with us in the room.

16. At this remove, and because so many individuals were scored, I would not be able to say exactly what discussions took place in relation to Kathleen Collinge, but the same methodology was applied to her as to all others. There was a discussion relating to her performance, on a point by point basis, checked with her personnel file if relevant.

As well as scoring each individual

according to the criteria set out on the matrix, we also carried out a comparative review, to make sure that the resultant scores accorded with the evidence across the pool. Our discussions were very detailed, and we took the process very seriously, knowing of course that for those individuals affected, it could be a life changing decision. In relation to Kathleen Collinge, a very significant element in her scoring was her absence history over the previous two years. Judged purely on performance and personal behaviours, I would have said that she would be expected one of the less highly scoring sales consultants, and my impression at the time would have been that excluding absences, she would have been at about the dividing line between those who were made redundant and those who were not. However, because Kathleen Col linge had a particularly bad attendance record in recent years that affected her scores a great deal.


17. As the final scoring matrix for Kathleen Col linge makes clear (document 81) she had been absent on 35 days on 10 separate occasions during the 2 years preceding the scoring, and that meant that she scored one point out of a possible 50. In terms of disciplinary record, in fact very few if any of the people in the sales pool had any disciplinary record, and almost all of them (including Kathleen Col linge) scored maximum points, which in effect meant that it was a neutral criterion.

18. To a very substantial degree, Kathleen Col linge scored at the bottom of the pool, because of her absence record. I refer to document 103 which is a table of everyone within the sales pool. The score of each individual is recorded, and as can be seen, she had a substantially worse attendance record than the great majority of individuals within that pool. As a result of her initial scoring (before adjustments during the consultation process), she was the bottom scorer of that pool.

19. We were very confident having carried out the initial scoring that we had reached a fair provisional scoring of the individuals concerned.

In some respects, we were surprised by the

results. There were some individuals who we both rated highly instinctively, but once we applied a rigorous approach to analysing of the factual basis of those assessments, we found that they did not score as highly as we thought they would. There was some other individuals who we thought would not score well, but upon assessing the evidence, we found that in fact, they had scored much higher than we anticipated. With Kathleen Collinge, I would say that both of us were not surprised that she was a low scorer. I think that she would agree that she is a strong personality, and that she is not afraid to express her views. sometimes

her

robust approach

is

relationships, which we have observed.

This can be positive, but in Kathleen's case,

not constructive,

and

causes

difficulties

in working

It is correct that she has had, on occasions, a difficult

working relationship with Susan Marshall as a result of these behaviours, and she has also had a difficult working relationship at times with her manager.

I think in her claim, she unfairly

categorises these tensions as being born of unfair prejudice against her on the part of Susan Marshall in particular, but my own judgement is that those tensions are a result of the sometimes difficult behaviours that Kathleen Collinge demonstrated on occasions.

20. We wrote to Kathleen on 12th June 2020 to notify her that as a result of her scores, she had been provisionally selected for redundancy (document 58). Our letter gave an initial explanation of the reasons for the redundancy situation, and explained that Kathleen had been scored in a pool. We also enclosed a copy of her scores that she had been given. The letter invited Kathleen to attend


an initial consultation meeting on 18th June 2020, and made clear that this was to be an initial meeting, and no decision would be made about her continued employment at this meeting.

21. On 15 June 2020 I received an email from Kathleen (document 60- 61) notifying us that she would be attending the meeting with her trade union representative from USDAW. In reply Tanya Kavanagh sent her a copy of the full scoring matrix, so that she and her union representative could review the scoring methodology which had been used.

Kathleen noted from the matrix

that a two year reference period had been used in relation to sickness absence, and she asked for confirmation of the number of her sickness absences over that period (document 60). She also asked to see her annual appraisals for the preceding three years (document 64)

22. In reply (document 65), I told Kathleen Collinge that the purpose of the first meeting was to discuss the scoring system in detail, and to discuss how she had been scored, in the context of the written guidance which was part of the matrix. I made it clear that we wanted to discuss those scores, and the evidential basis for them, and get Kathleen's observations.

23. In fact, Kathleen's union representative was not available for the proposed date on 18 June 2020, and the meeting was subsequently rearranged the 22 June 2020. In preparation for the meeting, Tanya Kavanagh provided me with a scoring sheet setting out the scores of all of the people in the sales pool, so that we could easily see how Kathleen had scored against her peers in relation to all of the categories, so that we were able to share that information with her, on an anonymous basis, at the initial meeting. In email exchange with Tanya Kavanagh (document 71), we discussed that Kathleen's scores were much lower than many of her colleagues, and that a principal reason for that was her sickness absences. I confirmed to Tanya that I was intending to go through all of the scores of the peer group at the meeting (document 71)

24. The meeting on 22nd June took place by telephone conference, and Kathleen was accompanied on that call by her union representative, Claire Hansen. I was accompanied by our HR Consultant, Tanya Kavanagh. We spent the first part of the meeting setting out the business reasons for the process.

We were challenged in relation to the scoring system itself, and the business case.

Kathleen's challenges expressed at that meeting were as follows;


a.

Business case - Claire Hansen said that she wanted to review the business case supporting the decision to make redundancies.

There was no specific challenge that

there was an insufficient business case, but simply a request that USDAW should see the business case. Our position on this during the process was that though we wished to explain the business case in terms of the principle behind it, we were not willing to share the financial data used by the owners and finance team, because it is highly confidential, and would not assist in relation to the process. From my point of view, the basis of the business case was simply a matter of matching staff numbers with the amount of business that we thought that we would have in the future.

b.

Subjective criteria - Claire Hansen made the point that the scoring system included criteria which she characterised as being subjective, and expressed the view that it was not good practice to base redundancy scores on subjective criteria. In this context, it was raised that Susan Marshall did not like Kathleen, and therefore given the subjective nature of the scores in the some of the criteria, Kathleen may have been scored unfairly as a res u It.

c.

Kathleen challenged to the use of absence figures, and in particular, expressed the view that only uncertified absences should be taken into account. She commented that all of her absences had been genuine sickness absences, which had been supported by fit notes where appropriate. She also expressed the view that taking into account absences over the previous two years was unfair, and a shorter period should have been used. At the meeting, I said that I would reflect on those challenges and come back to Kathleen and Claire after the meeting. Tanya and I discussed those challenges, and subsequently Tanya formulated an email setting out the conclusions which we had reached.

Our

conclusions to those challenges are set out in that email (document 73) and I refer the tribunal to those conclusions, which I believed to be fair and reasonable.

25. In that email, we also asked Kathleen and Claire to attend a further meeting, on 1 July 2020, and the invitation letter to that meeting is at document 72.

It was at that second meeting that we

discussed the specific scores given to Kathleen in detail, and she made a

number of

representations relating to specific scores, and referred to a number of instances which she felt justified a higher score than those which she had been given.


26. Following that meeting, Tanya and I reflected on the points that had been made, and we discussed amendments to Kathleen's scores.

We took a slightly different view as to the

challenges over scoring. I very much felt that the original scoring was robust, and I was confident that those scores were accurate. Tanya felt that it was important to give Kathleen the benefit of the doubt, and to increase her scores where possible.

When we reviewed and collated the

possible score increases, it was clear that even with the maximum increases that we could apply, Kathleen was still clearly in a redundancy position. My very strong feeling is that Kathleen was correctly identified as the least strong individual in the pool, and I would not have been willing to increase her scores to the extent that she was no longer in a redundancy position, at the expense of another member of the pool. However, overall, and for the reason that I have mentioned, I was comfortable with the increases which were given.

27. I wrote to Kathleen on 1 July 2020, to advise her of her amended scores (documents 79).

I

recorded that during the meeting Kathleen had said that she was happier with her amended scores. Since the amended scores still identified Kathleen as potentially redundant, the letter also invited her and her representative to a final consultation meeting, to take place on 9th of July 2020. That meeting took place as planned, again by telephone conference, and there were no further substantial points from Kathleen or her union representative, and therefore I confirmed that I would be writing to her to confirm that with regret, a decision had been made to serve her with notice to terminate her employment on the grounds of redundancy.

The letter is at

document 92- 93. The letter informed Kathleen that she could appeal the decision to Tracey Danson Brown, within 7 days of the date of the termination letter. I attach at document 103-106 the final scores of the individuals in the sales pool. I confirm that other than the removal of names, this is the final spreadsheet created at the time based on the scoring. I have also added "R" to show the people made redundant. Kathleen is on page 106 with a fini amended score of 158.

28. On 20 July 2020, Kathleen wrote to the data protection officer at Hooper's, Steven Roberts, requesting her yearly appraisals, which she said that she wanted to see in the context of her redundancy selection. Kathleen had made a subject access request under the GDPR, hence her communications with Steven. In fact, as we had made clear to her during the consultation, we


had not used yearly appraisals as part of the selection process. We decided at an early stage that yearly appraisals were not useful, in terms of consistency and reliability. There were a number of reasons for this. Some appraisals from within the pool were missing, or had been completed briefly.

very

We thought it was inevitable that different managers had applied different standards to

appraisals, and across the pool as a whole, we did not think that it was safe to rely on appraisals. In her subject access request, Kathleen commented that scoring matrices had not been used at Hoopers in the past.

Tanya replied on 20 July 2020 (document 96) informing her that in fact

scoring systems had been used at Hooper's, though not since 2009, which was the last time that a redundancy process had been undertaken.

29. I am aware that on 4 August 2020, Kathleen's union representative sent an email by way of an appeal. Kathleen had emailed on 20 July 2020 to say that she wished to appeal, and that USDAW would be contacting Hoopers in relation to the points of her appeal. The appeal was sent some time after the 7 days given as the time limit for an appeal, but nevertheless, Tracey Danson Brown dealt with the appeal, and her appeal outcome letter is at (document 98-99). Tracey Danson Brown is employed at the Tunbridge Wells store and is the HR Advisor to the group.

I was not

involved in the appeal. I understand that Kathleen complains that an appeal meeting did not take place, but that the points of appeal were dealt with in a letter. I was not involved in that decision, or any exchanges between Tracey Danson Brown and USDAW.

Statement of Truth I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed:

_ Debbie Shaw

Dated:

_


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