Sellafield Ltd Costs Application Against a Whistleblower Via Emma Mills of DLA Piper
Dear Sellafield Limited,
FOI Request
I am an employee at Sellafield Ltd and a Whistleblower of 7 years, raising serious safety concerns at Sellafield which have never been addressed. I attended a preliminary case management hearing 30th March 2023 in relation to my Sellafield Whistleblowing ET claim. But due to the stress and anxiety of being a litigant in person and the threat of costs from the Respondent, Sellafield Ltd if I did not sign a COT3 ‘gagging order’, for which I received no legal guidance, I withdrew my claim from the employment tribunal (ET) 6th May 2023.
I am now being actively pursued for costs by Sellafield Ltd for daring to speak out about wrong doing and safety concerns at Sellafield.
My questions are as follows:
• Over the last 10 years, how many Sellafield employees have been pursued for costs in relation bringing a claim against Sellafield Ltd via an Employment Tribunal?
• Of those, how many cost orders were submitted against the claimant at the case management stage?
• And of those, how many were successful?
• How many costs orders were submitted on conclusion of an Employment Tribunal hearing and where the ET found in favour of Sellafield Ltd?
• How many legally binding COT3 contracts drafted by Sellafield Ltd were agreed and signed off in order to persuade the claimant to withdraw their claim from the ET?
• Of the Employment Tribunal cases falling into the above categories, how many of the COT3 contracts were drafted by DLA Piper?
• And of those, how many COT3 contracts were drafted by Emma Mills of DLA Piper on behalf of Sellafield Ltd?
Of all cases where Sellafield Ltd, the Respondent, pursued claimants for cost via an Employment Tribunal, on how many occasions did the Respondent fail notify the claimant that it will be applying for costs?
And on how many occasions was the application for costs deemed to be out of time?
Yours faithfully,
Roger A Coleman
Whistleblower & Sellafield Employee
Dear Sellafield Limited,
During 7 long years of Whistleblowing, and valiantly struggling to have serious safety issues addressed at Sellafield, nothing has changed, not a single safety issue I have raised has been resolved. Seeking help, I have repeatedly reached out to the regulator, the NDA, BEIS, my MP and various other dignitaries, and at length, but all have failed to act.
During my journey as a Whistleblower, I have experienced bullying and victimisation, been stripped of my security privileges, adjudged to be an ‘Insider Threat’, threatened with disciplinary action, given a 'Final Written Warning', and subjected to a brutal campaign of subjugation in an attempt to silence a Whistleblower.
To shut me down and silence me, Sellafield Ltd have aggressively pushed me into signing a legally binding COT3 ‘gagging order’, which stripped away my legal and human rights, I declined to sign, and due to the extreme levels of stress and anxiety I am experiencing, I have now withdrawn my claim from the employment tribunal.
In response, Sellafield Ltd via Emma Mills and DLA Piper have slapped a costs order on me of nearly £14,000, all for trying to protect my work colleagues and the public at large from harm, how can this morally and ethically right, these actions are indefensible and perverse.
Of course, this bullying and egregious behaviour will send out a strong message to the workforce at Sellafield, and those who dare to challenge the status quo.
My question to Sellafield Ltd is this:
Are Whistleblowers welcome at Sellafield?
Yours faithfully,
Roger A Coleman
This email has been classified as OFFICIAL
Case ref: 2023-0244
Dear Mr Coleman,
Further to your request (Case ref: 2023-0244) for information please see the answers to your questions below:
Q1. Over the last 10 years, how many Sellafield employees have been pursued for costs in relation bringing a claim against Sellafield Ltd via an Employment Tribunal?
A1. Two. As per your request we have only referenced employees in our responses.
Q2. Of those, how many cost orders were submitted against the claimant at the case management stage?
A2. From our previous dealings with you we understand that your request is intended to refer to costs applications made by Sellafield Ltd.
One costs application has been made following withdrawal of the claim.
For reference, information regarding decisions on tribunal cases is available online and so we are not obliged to respond to any requests for information of this nature: Employment tribunal decisions - GOV.UK (www.gov.uk)
Q3. And of those, how many were successful?
A3. This is the application for costs in your case which, as you know, remains outstanding.
Q4. How many costs orders were submitted on conclusion of an Employment Tribunal hearing and where the ET found in favour of Sellafield Ltd?
A4. One
Q5. How many legally binding COT3 contracts drafted by Sellafield Ltd were agreed and signed off in order to persuade the claimant to withdraw their claim from the ET?
A5. This is not a request for information held by Sellafield Ltd but rather a request for comment or opinion as to the motivation of parties to litigation. As such we do not consider this to be a valid FOIA request. For your reference the right to request information only relates to recorded information that is held by a public authority.
Q6. Of the Employment Tribunal cases falling into the above categories, how many of the COT3 contracts were drafted by DLA Piper?
A6. One
Q7. And of those, how many COT3 contracts were drafted by Emma Mills of DLA Piper on behalf of Sellafield Ltd?
A7. One
Q8. Of all cases where Sellafield Ltd, the Respondent, pursued claimants for cost via an Employment Tribunal, on how many occasions did the Respondent fail notify the claimant that it will be applying for costs?
A8. Zero - For reference, as we understand you have stated that you were not made aware of the application for costs made in your case, you were copied to the application made by DLA Piper on our behalf on 24 May 2023.
Q9. And on how many occasions was the application for costs deemed to be out of time?
A9. Zero
If you are unhappy with the way your request for information has been handled, you can request Sellafield Ltd carry out an internal review (contact: [Sellafield request email]).
If you remain dissatisfied with the handling of your request or complaint you have a right to appeal to the Information Commissioner at:
Information Commissioner’s Office,
Wycliffe House,
Water Lane,
Wilmslow,
Cheshire,
SK9 5AF.
Kind regards
Enquiries Team
Sellafield Ltd
"The information contained in this email may be commercially and/or legally privileged. It is intended solely for the person(s) to whom it is addressed. If you are not a named recipient, you are on notice of its status. Please notify the sender immediately by reply e-mail and then delete this message from your system. You must not disclose it to any other person, copy or distribute it or use it for any purpose.
Views expressed in this email are not necessarily those of Sellafield Ltd.
Sellafield Ltd, a Nuclear Decommissioning Authority company, is registered in England and Wales, Company number 01002607. The registered office is situated at Hinton House, Birchwood Park Avenue, Risley, Warrington, Cheshire, WA3 6GR."
This email has been classified as OFFICIAL
Case ref: 2023-0245
Dear Mr Coleman,
Further to your request (Case ref: 2023-0245) for information please see below response to your question.
Q1. Are Whistleblowers welcome at Sellafield?
A1. This is not a request for information held by Sellafield Ltd but rather a request for comment or opinion. As such we do not consider this to be a valid FOIA (Freedom of Information Act) request.
For your reference, the right to request information only relates to recorded information that is held by a public authority. If you are seeking specific information in this respect, you should re-frame your request accordingly. Repeated requests which do not amount to value FOIA requests are likely to be regarded as vexatious and may be rejected on that basis.
If you are unhappy with the way your request for information has been handled, you can request Sellafield Ltd carry out an internal review (contact: [Sellafield request email]).
If you remain dissatisfied with the handling of your request or complaint you have a right to appeal to the Information Commissioner at:
Information Commissioner’s Office,
Wycliffe House,
Water Lane,
Wilmslow,
Cheshire,
SK9 5AF.
Kind regards
Enquiries Team
Sellafield Ltd
"The information contained in this email may be commercially and/or legally privileged. It is intended solely for the person(s) to whom it is addressed. If you are not a named recipient, you are on notice of its status. Please notify the sender immediately by reply e-mail and then delete this message from your system. You must not disclose it to any other person, copy or distribute it or use it for any purpose.
Views expressed in this email are not necessarily those of Sellafield Ltd.
Sellafield Ltd, a Nuclear Decommissioning Authority company, is registered in England and Wales, Company number 01002607. The registered office is situated at Hinton House, Birchwood Park Avenue, Risley, Warrington, Cheshire, WA3 6GR."
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