Day 203 - 12 Jan 96 - Page 60


     
     1        or 19th July, the one that you did not give to Ray Coton in
     2        the end -- did you put that in his personnel file?
     3        A.  I believe -- could you refer me to the document?
     4
     5   MR. JUSTICE BELL:  Yes.  If you look in, I think it is pale blue
     6        2, 31, on page 66.
     7        A.  Section 31, pale blue 2?
     8
     9   Q.   Section 32, divider 32, page 66, very near the back of the
    10        bundle.
    11        A.  OK.  The letter was retained in Sutton Coldfield
    12        because they typed it.  The Human Resources department in
    13        Sutton Coldfield typed it.  They would have automatically
    14        put it on his file.
    15
    16   MR. MORRIS:  That is a bit irresponsible, is it not? It is only
    17        a draft document, not signed by anybody?
    18        A.  Correct.  It was not administered.  There is no problem
    19        with that, and we all know that.
    20
    21   Q.   Was it kept in the file?
    22        A.  Because I assume they were awaiting an administered
    23        copy, there is nothing irresponsible about it.  That was
    24        our plan.  That is a record that is made, that that was the
    25        plan at the time.  I do not see what could possibly be
    26        irresponsible about it.
    27
    28   Q.   That is the same file which the performance reviews would
    29        have been in, but have now disappeared?
    30        A.  There would have only been one performance review,
    31        Mr. Morris.  The other review was not administered.  They
    32        did not type it.  I would have written it probably
    33        manually, and so that would not have necessarily gone
    34        anywhere.  But the first performance review, if I sent the
    35        copy off to East Sutton Coldfield, would have been kept on
    36        his file.
    37
    38   Q.   Sorry, the performance review dated 17th July 1991 referred
    39        to this document ---
    40        A.  Yes.
    41
    42   Q.   -- is something that you never sent to them?
    43        A.  That is right.
    44
    45   Q.   They typed up a document, kept it in the personnel file,
    46        even though they did not have any evidence it existed?
    47        A.  Correct.  But I told them the date -- I would have told
    48        them the date which was on the review, on the date it was
    49        written, and that says "unsatisfactory as per your
    50        performance review dated 17th July 1991".  It makes 
    51        absolutely no reference to any date when the performance 
    52        review was conducted; and, as I have said, I am willing to 
    53        admit there is a mistake been made; I did not administer
    54        that performance review.
    55
    56   Q.   It is just as well the document was not signed, then,
    57        really?
    58        A.  By me or by the -----
    59
    60   Q.   By anybody?

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