Philip Landau, London Employment Law Solicitor, Represented a Tier 2 Visa Holder? (26 May 2019)
o1 November 2013 to 4 December 2013
First Contact with Philip Landau with Landau, Zeffertt, and Weir Employment Solicitors (LZW) was on 11 October 2013 through an article he had penned comment space. Philip Landau was formally engaged 22 October 2013.
Philip Landau Counseled me from 11 October 2013 through the eventual signing of a settlement agreement 5 December 2013. Almost two-months to negotiate a settlement?
Why am I able to blog about a settlement contract negotiated and signed by myself and Philip Landau on 5 December 2013? My first blog post article that challenged the UK policy handbook and the signed settlement Confidentiality provisions was published 3 July 2015 on LinkedIn Pulse. I have long contended that this settlement contract is a fraudulent instrument. In September 2018, my former employer initiated criminal defamation proceedings against me in Thailand (where I reside with my Thai wife) to stop the publication of blog articles on a dedicated website which I had viewed as protected public disclosure, or whistleblowing. This site with an IP address in Thailand was taken offline. I had written blog articles about my former counsel, Philip Landau, as well. However, the Confidentiality terms within the 5 December 2013 settlement contract agreement were never invoked in the over three (3) years of pursuing answers and justice from outside England, where the laws of England governed my contract of employment as well as the 5 December 2013 settlement contract.
The criminal defamation claims were dropped by my signing a new settlement agreement in Thailand proffered by the same Company who signed the 5 December 2013 settlement contract. The main difference is that the new settlement contract signed in Thailand does not include protection for whistleblowing (Public Interest Disclosure Act 1998 [PIDA]). Which settlement contract takes precedence? To me, this confirms the illegitimacy of the 5 December 2013 settlement contract negotiated and signed on my behalf by Philip Landau. It also makes me question the legitimacy of the new settlement contract signed in Thailand. My former employer, an English Company, has a Thai law firm / lawyer on retainer to monitor my publications.
In October 2014, about a year after I had initially contacted Philip Landau, I submitted a subject access request (SAR) to my former employer citing the Data Protection Act 1998 (DPA). As part of my request, I received my Company personnel file. What I discovered were forged documents supporting a performance based termination. Because all lawyers involved were compromised to utter forged documents to support this settlement contract agreement, I could not rely on normal avenues of legal redress. I complained vociferously to the Information Commissioner’s Office (ICO). But, they could take no action because of the binding nature of settlement agreements. I began publicly disclosing these issues in blog articles (LinkedIn Pulse), 3 July 2015. I submitted a report to UK ActionFraud (police) 24 August 2015. ActionFraud has never investigated my allegations. ActionFraud have relegated my reporting of crimes as the product of a disgruntled former employee. But, beyond the fraud perpetrated against me and my family, there required conscious deceptions made to UK government agencies, such as UK Border Agency and also the Information Commissioner’s Office (ICO). I was a foreign worker on a Tier 2 visa.
It appears to me as though Philip Landau uttered forged documents created by my former employer to affect an illegal settlement contract used to terminate my employment for being a whistleblower. That’s why no one wants to invoke its non-disparagement clauses!
Communications between Philip Landau and myself prior to negotiations, 11 October 2013 to 31 October 2013, are chronicled in the blog post article, “Philip Landau Represented Me?”
The fact that I am a Tier 2 visa holder should be very important. But, its importance is minimized, along with the health harming aspects of being a target of workplace gang-bullying (mobbing). Mobbing implies upper management involvement in the harassment and bullying. Philip Landau put the health, safety and well-being of me and my family at risk through advancing an inappropriate settlement contract agreement predicated on poor performance. Philip Landau also participated in the defamation and professional blacklisting . Is it even legal for a Company to both sponsor an foreign worker on a Tier 2 visa (shortage occupation list) who the Company believes is a poor performer? I always alleged that the Company performance management system was abused by the bullies to threaten and intimidate their target – whistleblower.
The settlement contract negotiations led by Philip Landau initiate with my employer remarking that they would be completely happy with my remaining employed. However, later that month, there is pressure to have me sign the agreement and place me on “garden leave” to get me out of the office. I was complaining of being bullied and harassed – gang-bullied – to someone seasoned in such abhorrent workplace behaviors. (So, of course my employer is happy with my staying!) Landau never really talks about the bullying, harassment, discrimination, and defamation claims. I had already paid Philip Landau (LZW) when negotiations commenced. I had also mentally prepared myself to get out of danger and leave my job. Philip Landau was supposed to be helping me accomplish this in the most advantageous way for me.
My employer engaged law firm Watson, Farley, and Williams’ lawyer Rhodri Thomas, to represent them in the negotiations. My Employer often used the firm Watson, Farley and Williams. In fact, Watson, Farley, and Williams, advised on the processing of the Tier 2 visa application for me and my dependent family members “leave to remain.” My employer had written a letter of sponsorship to UK Border as recently as 15 July 2013. Also, ACAS (Advisery, Conciliation, and Arbitration Service) explicitely states that when grievances and disciplinary issues coincide, they can be discussed at the same time. This settlement contract negotiation bypassed both the prescribed (Company) grievance and disciplinary procedures. Further, if grievance procedures constitute part of the employment contract, as it did in my case, such an settlement offer is another breach of contract by my employer.The submitted 20 September 2013 formal grievance had identified many others.
This is all gaslighting. My employer wants to illegally terminate me for blowing the whistle. Philip Landau, LZW (at the time, now with Landau Law) and Rhodri Thomas, Watson, Farley and Williams are complicit in this conspiracy. Note, I say that, “I am the only one playing by the rules.”
The Company opens with the attitude that they are happy with my staying. I was claiming being a target of health harming gang-bullying. Of course they want me to stay! Philip Landau answered very few questions. At this point, the outcome had been predetermined on the 25 October 2013 Memo. I was being forced to endure the health-harming workplace until I signed a settlement agreement. I told Philip Landau about visits to the GP and that the GP would assign an “unfit note.” Philip Landau would do nothing. I would remind him about the Tier 2 visa issues, and Philip Landau would do nothing! In the end, my employer just wanted me out of the office! I signed the contract, but was placed on “garden leave.” I was in a foreign country with my family! How depraved can my employer and solicitor be?!
In October 2014, I submitted a subject access request citing the UK Data Protection Act 1998 to discover what personal data was being processed by my former employer about me. I was shocked to find forged instruments relating a false narrative. The Information Commissioner’s Office could not help me. The data had been signed-off by Philip Landau, my solicitor, as well as my employer and their hired counsel at Watson, Farley and Williams.
The entire grievance pivoted around defamation and misuse of the Company performance management system. Human Resources (HR) was being weaponized by the Company in their health-harming gang-bully – mobbing campaign. On the final day before signing the ill-fated settlement agreement, I sought assurances that the personal data being processed about me was fair and accurate. The assurance provided to me was a conspiratorial misrepresentation. On 22 December 2014, the Company wrote me a threatening letter regarding my questioning the integrity of the data being processed in my name. The Company agreed to process a 5 December 2014 e-mail citing many – not all – of the problems in my personal data. Isn’t this an acknowledgement that forged documents were uttered to process the settlement agreement?
This is why I want a criminal police investigation. I contend that this was all a conspiracy to defraud and defame a whistleblower and terminate his employment illegally, but make it all look legal. I have been blogging for the legal justice that I was denied me by the Company since 2013. The Company, with Philip Landau’s help, was able to deny my legal right to proceed through grievance procedures and not be held accountable for many, many policy and ethical breaches.
Philip Landau has never explained what happened in spite of several requests.