IN THE LONDON CENTRAL EMPLOYMENT TRIBUNAL

CASE NO: 2201762/2010

BETWEEN:

LEON DONNELLY
Claimant

And

REALLY USEFUL THEATRES LTD

Respondent

_________________________________________________________________
WITNESS STATEMENT OF LEON DONNELLY
_________________________________________________________________

I, Leon Donnelly of 142 Southgate Road, London, N1 3HX, will say as follows:

1. I first worked at the New London Theatre as a Stage Crew member in October of 2008 on
the musical “Imagine This”, for which I signed a brief contract which contained none of the
Really Useful Theatre Group’s policies [page ]. I was hired for the run of the production.
During the run of “Imagine this there were several occasions upon which I noted a
surprisingly lax attitude at the New London Theatre to health and safety on stage. During
rehearsals it was clear to me that the stage itself, covered for the production with rough,
splintered wood, was not safe to perform on. Although attempts were made by Bruce Tugby
to improve this through sanding down the wood, I was sure that it was not enough. One
actor fell through a trap door that should have been secured and injured himself. A very
large splinter of wood passed through his leg and he had to be taken to hospital to remove it.
Peter Polycarpou, lead actor in the production, and Actor's Equity Union representative for
the show, called an official halt to rehearsals until the stage was made safe. The stage
covering was replaced over a long weekend. Early in the public run of the show Bethany
Hughes, a member of the stage crew, noticed that the Olio drop, a heavy painted cloth that
 was suspended above the actors during the show and dropped in towards the end of the
show, had no safety line secured to it, rendering it unsafe. Bruce Tugby thanked her for
pointing this out and secured a safety line. This was a fundamental error and it was
surprising to me that a Master Carpenter such as Bruce Tugby could have missed such an
obvious health and safety risk.

2. The stage crew on “Imagine This” were for the most part young and lacking in discipline.
On several occasions I witnessed Bruce Tugby being very weak in maintaining discipline,
allowing crew to answer back to him, and even swear at him. I saw Bruce Tugby to be
disorganized and weak in character. He was also very bad at performing stage cues when he
had to cover for crew. He often stared into space, missing cues. I did wonder if perhaps he
was epileptic and prone to silent seizure. Mark ( I don't know his surname ), 1st Dayman at
the New London Theatre under Bruce Tugby, told me that he was leaving the theatre to
become a paramedic. He said that he did not agree with how things were run at the New
London Theatre, had worked there for many years, thought that he could not effectively
improve matters, and was leaving to do something more useful with his life. Mark was a
decent man, and a good worker. Jimmy Stuart, crew member, was to replace him.

3. “Imagine This” closed on 20th December 2008. I then worked piecemeal there without
contract. I was hired for the “Imagine This” get out, i.e. the removal of the set between the
5th and the 9th of January 2009. I then worked at the Prince Edward theatre for just under
three weeks until the 7th of February 2009. I then worked a few days at the New London
Theatre helping with clearing up from I believe the 9th of February. I worked on a Chinese
Opera at the New London Theatre on the 2nd of March. I also worked at the New London
Theatre on the 15th of March 2009. During this piecemeal work Jimmy Stuart, First Day-
man, told me that when Bruce Tugby had asked him to work one recent day, after a 3-4 hour
pub break with Deputy Carpenter Martin Skelton, Jimmy Stuart had told Bruce Tugby
“What part of too pissed to work don’t you understand?”. Jimmy Stuart said that Bruce
Tugby had then left him to his own devices.

4. I was invited in a telephone conversation with Bruce Tugby to be part of the stage crew for
the National Theatre’s production of “Warhorse” on February 23rd 2009, one month before
my work on the show actually began, this was confirmed to me by Bruce Tugby on the 27th
of February 2009. Bruce Tugby told me that he was very impressed with my work on
“Imagine This” and told me that he wanted to put a good crew together for the National
Theatre's production of “Warhorse” and so wanted to include me in the crew. I texted Craig
McDermott, who I had worked with on “Imagine This” on the 23rd of February 2009 and
 wrote “ Hi craig, leon here. Just speaking with bruce. He says if you're still interested in
warhorse speak with him soon.hope you're well bro.if you've any ideas where I might get a
month's work i'd be happy to hear”. I texted my friend David Gore on the 18 th of March
2009 “ I'm confirmed for warhorse starting monday.the thing that's pissed me off is being
cut out of the get-in.it would've been well over an extra thousand quid.the dep got some of
his mates in instead, one hadn't worked in a theatre before.so much for loyalty.the master
carpenter's a nice guy but very weak”. The man who had not worked in a theatre before was
Eddie Hardin, who shall feature heavily in future events. His friend wasn't the dep, it was
Jimmy Stuart the 1st Day man. On 23rd March I began work on “Warhorse”.

5. I was given no contract for “Warhorse” and none of the Really Useful Theatre Company’s
Policies at work. I was certainly not made aware of any “Whistle-blowing Policy” nor told
about such a policy.

6. I was concerned with the levels of drunkenness at work among members of the crew very
soon after beginning work on “Warhorse” at the New London Theatre and my Line Manager
Master Carpenter Bruce Tugby's seeming indifference to this. Bruce Tugby was also tolerant
of the use of racist language and jokes at work, including Jimmy Stuart’s ‘joke’ which I
heard him say on at least two occasions during this early period, “That is a bar, not a pole. A
pole is a foreigner who comes to this country and fucks up the economy”.

7. On the 29th of March 2009 I sent a text to an actor friend of mine, Robert Atiko, stating
“First preview without a hitch. Must be careful though. Some of the lads like a drink and
there are certainly potentially lethal hazards. I’d throw anyone who drank out, but the sorry
state of British theatre means they are the norm.it's very interesting to see the national
theatre at work and see how amateur they are.the actors are fine.one of them I met in
winnipeg in 91.he saw me in a play I was very good in.it's just funny how the national
technically is so immature.you'd expect them to have high standards.as always seems to be
jobs for the boy&well meaning idiots”. It was the poor standards of the Stage Management
of the National Theatre that I was commenting upon, something which contributed to the
dire events that were to follow. On the 5th of April 2009 I texted to my friend David Gore
“It’s a bit hairy backstage, lots of heavy things hung and one or two potentially very serious
accidents already. Need to be on my toes. Safety should come first, but west end usually
 puts money first.as usual. I'll make sure I get out of this in one piece”. During April 2009
Jimmy Stuart, First Day-man, made a racist comment to me in the lift at the Theatre in the
presence of Craig McDermott & Richie Carr, two crew member friends of his. In full
knowledge that my parents were Northern Irish Catholics Jimmy Stuart said to me “You
fucking Irish, you never fucking learn. You lost the fucking war, so why don’t you fuck off!”
I had no idea what had prompted this comment, but had seen over the previous months that
Jimmy Stuart was a bully. I was humiliated and speechless. I kept silent about the matter
since Bruce Tugby was so clearly tolerant of Racist comments at work and I didn’t want
further trouble, I just wanted to go to work, get paid and go home. However, I was becoming
rather fed up with Jimmy Stuart's bullying attitude.

8. In April 2009 Carlos Cruz, a Spaniard, joined the stage crew. He was immediately subjected
to racist taunts from members of the crew, primarily Eddie Hardin, Danny Bowers and
Jimmy Stuart. I had heard Eddie Hardin refer to Carlos Cruz saying, “What do you expect,
he's from Barcelona!”, a reference to Manuel in “Fawltey Towers”. Danny Bowers also
pretended on first meeting with Carlos that his name was Manuel, and kept repeating it. I
witnessed Eddie Hardin and Danny Bowers barracking Carlos Cruz when he worked on the
prop tank used in the show, criticising his work, saying he was weak, and generally trying to
put him off his work. Carlos Cruz told me of other instances of abuse, including racial abuse
that he had received at the New London Theatre. Carlos Cruz expressed his unhappiness at
this treatment to me. He told me that he had never received such treatment at work before
and was considering leaving as a result. I encouraged him to report any further abuses to our
line-manager Bruce Tugby or his Deputy Martin Skelton. Carlos Cruz was reluctant to do
this because he did not want to be seen as a “troublemaker”.

9. The actors and stage management of the National Theatre Company made complaint I
believe towards the end of April 2009 or early May to the New London Theatre
Management concerning the level of alcoholic inebriation at work on the part of the stage
crew. Bruce Tugby’s then Deputy Martin Skelton (who was deputizing for Bruce Tugby at
the time) called the entire stage crew to a meeting. At this meeting Martin Skelton told us
that if we were going to drink before work to make sure that we eat something and disguise
the smell with chewing gum. I had not personally drunk alcohol for several years and Carlos
Cruz always worked sober. Eddie Hardin and Danny Bowers were very concerned at this
meeting to ask Martin Skelton “who grassed on us?” Martin Skelton declined to specify and
 merely said that it had come from the entire National Theatre Company, actors as well as
Stag Management. Eddie Hardin expressed his belief that it had come from “that cunt”
Bronagh Gallagher, an Irish actress in the National Theatre Company because of some
supposed “looks” that she had given him. Eddie Hardin said that she could “fuck off” from
now on. Bronagh Gallagher had commented on stage that I kept my side of the stage “ sober
“. .

10. Two or three days after this crew meeting Rachel Leonard, one of the actresses from
the National Theatre, told me that Eddie Hardin had confronted her outside the theatre the
and demanded that she tell him who had “grassed” on the stage crew. She said that she had
told him that it been a general complaint. Then Rachel Leonard had asked Eddie Hardin why
he felt that he needed to drink before the show. Eddie Hardin told Rachel Leonard that it was
alright for the actors because they had “a future” and that the crew was paid “peanuts”.
Rachel Leonard told me that she had felt intimidated by Eddie Hardin.

11. On the 19th of May 2009 I texted to my friend David Gore “Show going well just
have to keep an eye on some of the people I work with. A complaint was made about crew
drinking and seems to have cooled it a bit. They just become a little unpredictable, which is
when things can go wrong”. I texted later to David Gore on that same day “...No the
complaint didn't come from me but from actors and stage management. there was a meeting
called by the carpenters to tell them to cool it. I was just glad that it slowed things a little,
but i'm sUre the drinking will carry on. But they've been warned. Bloody Right too.”. Martin
Skelton was able to keep some discipline among the crew, they were more cautious around
him than around Bruce Tugby, but they were still clearly drinking to some degree.

12. On the 23rd of May 2009 , Carlos Cruz was sworn at backstage by a female
technician, Vicky Hurst. Carlos was very offended and made a complaint to the National
Theatre Stage Management and was unhappy with their response. I advised Carlos to report
it to the Theatre’s Deputy Carpenter Martin Skelton who took the matter very seriously and
told Carlos “we are professionals at the New London” and that he would take up the
complaint. The day following, Vicky Hurst apologised verbally to Carlos in my presence.
Vicky Hurst was a friend of Jimmy Stuart. I believe this was the seed that led to the
subsequent bullying that Carlos received.
13. On the 1st of June 2009 Carlos Cruz bought a pink bicycle lock. Eddie Hardin,
Jimmy Stuart and Danny Bowers mocked Carlos Cruz’s sexuality when they saw Carlos
Cruz with this lock at stage door, calling him “poof” and other taunts. Jimmy Stuart caused
damage to Carlos Cruz's bicycle, which was in the care of Bruce Tugby, by covering it in a
great many pink stickers.

14. On the 2nd of June 2009 I advised Carlos Cruz to make complaint to Bruce Tugby,
but he did not want to be seen as a troublemaker and so Carlos chose to ask Jimmy Stuart to
remove the stickers before he went home that evening and he’d forget about the matter. I
was present when he spoke with Jimmy Stuart. Jimmy Stuart replied in an arrogant manner
that he would do it when he could be bothered, claiming that he had no time to do it any
time soon. Carlos Cruz told Jimmy Stuart that he had plenty of time to go to the pub before
work so plenty of time to clean his bicycle. Jimmy Stuart told Carlos Cruz that “the
problem” with him was that he could not take a “joke”.

15. I made complaint to Bruce Tugby about Jimmy Stuart’s treatment of Carlos Cruz on
the 2nd of June 2009, and was very surprised by the anger and irritation in which he
received my complaint. Bruce Tugby said that it was just a “joke” that had “gone down like
a lead balloon”. I told Bruce Tugby that Carlos Cruz had been subjected to a series of racial
harassments since beginning work at the New London Theatre. I thought that racism and
bullying at work was against the law as well as being wrong and that something should be
done about it.

16. Carlos Cruz also complained to Bruce Tugby on the 2nd of June 2009. Bruce Tugby
told Jimmy Stuart to clean Carlos Cruz’s bicycle. Jimmy Stuart did this in such a manner
that he left it covered in scratches.

17. Carlos Cruz made complaint to Bruce Tugby later on the 2nd of June 2009
concerning the scratches to his bicycle made by Jimmy Stuart. Carlos Cruz told me that
Jimmy Stuart had reported to Bruce Tugby that Carlos Cruz had threatened Jimmy Stuart
earlier that day. Carlos Cruz told me that Bruce Tugby had said that since they were “both at
 fault”, could Carlos Cruz drop the matter while Jimmy Stuart made a financial retribution.
Carlos Cruz told me that Bruce Tugby had said that Carlos Cruz’s complaint came at a
difficult time since he was at that moment proposing to promote Jimmy Stuart to be his
Deputy Carpenter. Bruce Tugby's then present Deputy, Martin Skelton, was leaving, having
been offered the position of Master Carpenter at another of the Really Useful Theatre
Group's theatres. Bruce Tugby was about to lose the second of the two staff members who to
some extent had been able to minimize the effects of his own incompetence, Mark the 1st
Dayman had left, and now Martin Skelton. .

18. I made complaint to Bruce Tugby on evening of the 2nd of June 2009 and told Bruce
Tugby that Carlos Cruz had not threatened Jimmy Stuart. I again told Bruce Tugby that
Carlos Cruz had been subjected to a series of racial harassments since beginning work at the
New London Theatre. I also complained to the Theatre Manager Cucqui Rivera on the 2nd
of June 2009 and told her that Carlos Cruz had been the victim of racial abuse and
harassment.

19. On the 3rd of June 2009 I texted to my friend David Gore “...one new crew member
is Spanish and received racist pisstaking from the fuckwits in the crew. I reported this to the
theatre manager and master carpenter. Things have reached the point where he wants the
police involved and i'm supporting him. So things are gonna get interesting here,but these
morons have gotta get it into their thick heads that it's not on.it's too easy for white english
to make racist comments and say 'you can't take a joke' when it isn't received well.the law
doesn't view these things as 'jokes'.”. ” I later that day texted again to David Gore “...there is
another Spanish guy at work, good guy and gentle who told Carlos he’ll have to take it cos
it’s their country and as a foreigner there’s nothing you can do. It’d be good to show him
he’s wrong.” This other Spanish worker was Jose Martinez De Aragon.

20. I called the Union Bectu and spoke with one of the receptionists about the treatment
Carlos had received. The receptionist told us that as we were not members, we were not
liable for direct Union protection for things that had already happened, but that once we
joined this could be retroactively applied. Carlos and I both decided to become Union
members for our own protection, although Carlos got round to it sooner than I did.
21. On I believe the 5th or 6th of June 2009, while signing for my wages, I told Clare
Hannon, Assistant Theatre Manager, about the drunkenness, racism and bullying among the
crew. She agreed with me that the crew should be breathalysed before every show. When I
told Clare Hannon of Jimmy Stuart’s racist comment to me. She said that it was “completely
unacceptable”. I complained because she was a member of management and wanted the ill
treatment of Carlos and indeed myself to end. I thought it was unlawful as well as wrong. I
was also concerned about the general health and safety implications of crew working whilst
drunk.

22. Danny Bowers and Eddie Hardin, both friends of Jimmy Stuart, were very unhappy
at the complaints that Carlos Cruz and myself had made concerning Jimmy Stuart, and we
began to be subjected to increasingly unsafe work practices and purposeful 'accidents' where
heavy pieces of stage set which we called the “cheeks” to the fore-stage were dropped on us
while we worked beneath, narrowly missing injury on a number of occasions. We were also
made to feel unsafe when working on the prop Tank used in the play, as Danny Bowers and
Eddie Hardin began to randomly move it when we were inside the frame. We made
complaint to Bruce Tugby at each instance, and were met with continual anger and irritation
from Bruce Tugby for making these complaints. We wanted Bruce to take action to ensure
that we were not injured. Our concerns for our safety were not effectively dealt with by
Bruce Tugby. Carlos and I began to wear hard hats whenever working beneath the cheek
pieces because they were being dropped on us so often. Bruce Tugby challenged Carlos on
the necessity for this and Carlos was able to assure him it was correct health and safety
procedure when working under heavy weights, which Bruce Tugby accepted. I have
subsequently had this confirmed to me by Emma Wilson, Technical Director at Sadler's
Wells Theatre.

23. I texted my friend Brett on the 12th of June 2009 “...things have become more
dangerous at work, accidents are more frequent endangering myself and my Spanish friend.
We’ve complained many times to the master carpenter, but he’s a weak man and a fuckwit.
The bullies are trying to set the actors against us. We haven’t spoken. Either we make it a
legal matter, leave the theatre or an ‘accident’ will happen to us”.

24. On the 12th of June 2009 I texted my friend David Gore “...things are getting a bit
 heavier at the theatre, the lines are drawn.the bullies are acting inappropriately, calling us
‘girls’ or ‘ladies’ in front of the audience, accidents are happening frequently and we’ve
asked the master carPenter to tell them to stop fucking about but he’s very weak and either
says nothing or takes their side. carlos has been really stressed out. all we want is for them to
behave responsibly and safely but their yob gang mentality can’t accept this. it’ll have to go
further to the union for our own safety. why is the theatre full of such scum? it's not a
pleasant situation at all. it's wearing us down”. On the 12 th of June 2009 I also texted my
friend Brett “... it's really disturbing.we think they are quite capable of injuring one or both
of us to get rid of us”.

25. In the second week of June 2009 Clare Hannon, Assistant Theatre Manager, asked
me in the auditorium if “it” was still going on. I told her that it was. She asked me what I
was going to do about it. I said “There’s always the law”, to which she laughingly replied
“There’s always death.” This comment seemed highly inappropriate to me, and hardly the
manner in which to respond to such serious abuses as those which Carlos and I had reported.
I did not believe that Carlos Cruz or myself were being given appropriate support from the
management.

26. On the 12th of June 2009 I texted my friend David Gore “...I really don't want to lose
my job and i really don't want to be injured in a purposeful accident. however,comments
directed towards me are my problem and endangering my life is my issue. i've been thinking
that we Should all meet and talk this thing through.the problem is they lose their tempers
and just start screaming. they're really immature. what do I do. i've suggested to carlos that
we attempt talking this through with these guys and trying to see if they can just lay off and
treat us respectfully as workmates and let us just get on with our jobs.” I later texted to
David Gore that day “...you are right that things are getting more heated. they are making
more mistakes all the time that put us in danger. the master-carpenter isn't helping. we need
to clear the air because we both feel unsafe”.

27. The situation had escalated, with both Danny Bowers and Eddie Hardin expressing
themselves at either Carlos Cruz, myself or both of us, including in Bruce Tugby's presence,
in the most aggressive of verbal terms when we made complaint of their behaviour,
including reference to us in front of the audience as “ladies” or “girls”, and Danny Bowers
 calling out random numbers when lifting set pieces above us. When Carlos and I protested at
this treatment we were sworn at by Danny Bowers and Eddie Hardin.

28. Bruce Tugby invited Carlos Cruz and myself to dinner at the “Wong Kei” restaurant
in China Town on Saturday the 13th of June 2009 to talk about the situation at work. Bruce
Tugby admitted in the Wong Kei meeting, in reference to the harassment Carlos Cruz and
myself were receiving from Eddie Hardin, Danny Bowers and Jimmy Stuart, “They are
racists, yes” ( ref transcript page 74 Vol 2 ). I told Bruce Tugby that the crew habitually
turned up for work drunk, which he did not deny. I told Bruce Tugby that the bicycle
incident was part of a series of racially motivated harassments of Carlos Cruz. I told Bruce
Tugby to tell them that if they didn’t stop harassing us the police would be called.

29. He declined to comment on this, but told us that he was calling a general crew
meeting the following Monday 15th of June 2009 to discuss these issues. He asked us to
promise not to “pursue” the matter any further and only report to him if we had any further
complaints. He wanted the promise that it wouldn’t be taken further than him as a bargaining
chip for the bullies. Bruce Tugby stated that he was worried that Eddie Hardin might do
something out of “anger” because he was “stupid”. I told Bruce Tugby that Carlos Cruz and
myself had concerns for our safety, that we were worried about purposeful “accidents” and
heavy objects being dropped on us. Our fears came out of an increase in accidents since we
had complained about the harassment. Bruce Tugby then said that he was considering
placing Eddie Hardin in the flies above the stage. We told him that this gave Carlos Cruz and
myself even greater cause for concern because the Theatre’s flies were precisely the position
from which Eddie Hardin might be most able to hurt us by dropping heavy weights upon us.
Carlos Cruz and myself both made covert recordings of this meeting. A transcript of my
recording is at pages 66-81 Vol 2 .

30. Carlos wanted a recording so that he could be sure that he fully understood
everything. In fact when we listened back to the recordings, there were things he had
missed. My phone recorded better than his, so it was a good thing that we had both recorded
it. Every time we had spoken to Bruce before, he seemed to have forgotten about it. I
therefore wanted a record of what was said in case it needed to be taken further. I didn’t tell
Bruce we were recording because I thought if he knew that we were recording, he would not
 speak freely and openly. Behind all of this was the discomfort at work and the knowledge
that we were in danger.

31. On Sunday the 14th of June 2009 Carlos Cruz telephoned Gaz Martinez, Master
Carpenter at the Coliseum Theatre, to ask his advice about the situation at the New London
Theatre. Gaz Martinez said that he would call Tony Norton or Willy Donaghy of the Union
Bectu for advice. Gaz Martinez later called Carlos Cruz and told him that we should not
attend the meeting called by Bruce Tugby on Monday the 15th of June 2009 without Bectu
Union representation from Tony Norton.

32. On Monday the 15th of June 2009 Carlos Cruz and myself told Bruce Tugby that, at
the advice of Willy Donaghy of Bectu, we would not be attending the General Crew meeting
that Bruce Tugby had called without representation from Tony Norton of Bectu. Bruce
Tugby became very angry with us and shouted at us to get him “Now”, impossible since it
was outside of office hours. Bruce Tugby decided to proceed with this meeting without us.

33. Bruce Tugby told Carlos Cruz and myself to meet him in his office directly after the
general crew meeting. When we met Bruce Tugby in his office he told us that he had just
been speaking with Willy Donaghy of Bectu by telephone and that Willy Donaghy had said
that he had not spoken with us. I asked Bruce Tugby if I could call Willy Donaghy from his
office for clarification. Bruce Tugby reluctantly agreed.

34. Willy Donaghy of Bectu confirmed to me by telephone that Carlos Cruz and myself
should be represented, preferably by Tony Norton, at any “Official” meeting. Unofficial
meetings we could attend without worry and he told me that it had been his advice to Bruce
Tugby to hold an unofficial meeting to discuss matters. I related the substance of this
conversation to Bruce Tugby and asked him if the meeting he wished to have with us was
official or unofficial, to which he replied that he didn’t know. I told him that if it was official
we needed representation. He eventually stated that we could consider this meeting
unofficial. I asked Bruce Tugby if the earlier general crew meeting had been official. He said
that it had been. Bruce Tugby accepted that, given Willy Donaghy’s advice, we were correct
in not attending the earlier general crew meeting.
35. Bruce Tugby again showed anger towards us in this meeting and I said to him that
his behaviour was inappropriate, for which he apologized. I told Bruce Tugby again that
members of his stage crew were habitually drunk and that he should breathalyse them before
each show. He said that he did not have a breathalyzer but thanked me for the suggestion. I
told Bruce Tugby that Carlos Cruz and I had a right to be safe at work and not suffer
harassment or abuse but that the other crew were endangering our safety and that they were
harassing us. I restated to Bruce Tugby that Carlos Cruz and myself were in an endangered
position due to drunken racists at work. Bruce Tugby read out informally the formal “Final
Warning” that he had read earlier to the rest of the crew. He reduced all of our complaints to
“bickering”. When I objected and said that I’d have preferred it to mention “No Racism” and
“No Bullying”, he became angry once more and said “Yes, you didn’t write it, I did!”

36. Bruce Tugby stated again in this meeting that he thought the bicycle had been the
beginning of the matter but Carlos Cruz and I corrected him on this point, stating that we
had clearly told him several times that it was part of a series of racially motivated abuses
from Eddie Hardin, Danny Bowers and Jimmy Stuart. I told Bruce Tugby that his behaviour
throughout the course of our complaints had been inappropriate and that he could have
simply ended the harassment we had been receiving if he had acted quickly and decisively
enough. Bruce Tugby apologized for not having taken our complaints seriously enough nor
acting sooner to end the abuse. Bruce Tugby told us that counter-complaints had been made
against Carlos Cruz and myself. When I asked Bruce Tugby what these complaints were he
said that they were that Carlos Cruz and I were “making trouble” by making complaints.

37. Bruce Tugby was unable to adequately explain to us why he had thought it
appropriate that Carlos Cruz and myself should accept a formal “Final Warning” for having
made complaints concerning racism, bullying, heath and safety abuses and drunkenness in
the workplace. I made clear to Bruce Tugby that if the abuses continued this would become
a formal matter, that it would not end here. Both Carlos Cruz and myself made covert
recordings of this meeting A transcript of my recording is at pages 82-98 of Vol 2 . I
recorded the meeting for the same reason I had before. We were in a dangerous situation and
Carlos wanted to have a record of exactly what was said. I thought that Bruce would not
speak freely if he knew he was being recorded.
38. On the 16th of June 2009 I texted to my friend David Gore “Hi dave, things seem to
have settled down. Carlos contacted the union and now it's in the hands of the union leader.
A warning has been given to crew that any further unprofessional behaviour will be met with
disciplinary action. There was no remorse for their actions and continued provocation has
led to this course of action. Hopefully this is an end to it”. I later that day texted to David
Gore “...We've been put to coventry by some members of crew, but really such an attitude is
childish and we're not in any loss if they withdraw their friendship. All that matters is that
the fucking around stops, and I think that's been achieved.”

39. However, the situation at work continued to deteriorate, with further incidents where
Carlos Cruz or myself were placed in endangered situations when setting the front cheeks of
the stage or when moving the tank. We made repeated complaints to Bruce Tugby but he met
them all with irritation and anger. Half the theatre it seemed, including actors, stage
management, the National Theatre Company Manager Charles Evans and the crew had put
Carlos Cruz and myself in “Coventry” and we were excluded at work. Carlos and I were
stoical about his and believed that the actors at least would come round to us as they were
not stupid and would eventually see that we were not whatever we were being depicted as by
other members of crew hostile to us . Unlike many of the other crew members we did not
drink with the actors and we had not wanted to stir things up by speaking with the actors
about our problems. Carlos and I soon regretted having kept our silence.

40. On July the 2nd 2009, after random tank movement by Danny Bowers and Eddie
Hardin had endangered us again, once while I was inside the tank and Carlos Cruz having
been struck once more by the heavy frame, we complained again to Bruce Tugby after the
matinee show. I told Bruce Tugby that things had to be done safely and that it was
unreasonable of him to allow us to continue to be endangered. Bruce Tugby said to me
sarcastically “Oh, let’s all do it your way, shall we?” I said it was not a case of “my way” but
of basic Health and Safety at work. We had a right to be safe at work. Bruce Tugby gave us
no such assurance.

41. On July the 3rd 2009 Carlos Cruz came onto the stage just before show-up and told
 me that Eddie Hardin and Danny Bowers had just threatened him in the “puppet room” on
Stage Right, telling him not to make any more complaints “Or Else!”. Carlos Cruz was
clearly very shaken, especially since his father was very unwell back in Spain. I told Carlos
Cruz to be careful and to be prepared for any level of abuse.

42. On Saturday July the 4th 2009, Danny Bowers was present in the crew room before
the matinee show when another crew member, Bran Donaghy, told Carlos Cruz that he was
sorry to hear that his father was unwell back in Spain. Danny Bowers said nothing.

43. At the interval to the matinee show on July the 4th 2009 Bruce Tugby came up to me
and shouted at me that I should get on to my “friend” in the Bectu Union because Carlos
Cruz would need him the following Monday, leaving me without telling me why. Bruce was
the Bectu representative at the Theatre. I then gathered from Crew member Bran Donaghy
that an incident had taken place between Carlos Cruz and Eddie Hardin that had left Carlos
Cruz badly beaten, and that he’d been taken to the hospital. I saw Eddie Hardin backstage,
then again later out in front of stage door with his friend the Electrician Gavin Hughes.
Eddie Hardin asked Gavin Hughes, “How’s it look?” to which Gavin Hughes answered “Not
good mate”. Eddie Hardin then said “Fuck!” I studied Eddie Hardin’s face and there was no
mark on him apart from a cut to the lip that he’d been sporting for some time from a prior
fight elsewhere. Rachel Leonard later told me that she too had looked for any fresh marks on
Eddie Hardin's face and had seen none. She also stated that she had smelt alcohol on Eddie
Hardin's breath and I told her that I had smelt alcohol on Danny Bowers breath also, none of
which was unusual from the both of them. I subsequently read in an undated and
unidentified note upon the incident of the 4th of July supplied by the Respondent a comment
by Charles Evans “ I think the argument may have been fuelled by one of them drinking”
(page 276 Vol 2). Mr Evans also is quoted in this same note in regards to Jimmy Stuart “
Jimmy came in ( to the room when Carlos was there) that same night (and said)...”You’ve
caused all this trouble”. This Jimmy is the guy who had a drink the other night ...he works
on the fly rail...he could drop things on peoples heads” (page 276 Vol 2). I believ these are
from notes taken by Andy Hall subsequently, and clearly agree with the concern that Carlos
and I had expressed to Bruce Tugby concerning the consumption of alcohol before work
among the crew. At 6.32pm on the 4th of July I texted to Carlos Cruz at the hospital “ ...that
was bruce asking me how you were. I told him you were still waiting to be seen. I didn't say
much but told him you had multiple injuries. I also said that there were many actors who
 witnessed the attack upon you. He said he was aware of that, then he left quickly”. I then
texted to Carlos “ Just spoke with rachel. She says there's a lot of support among the actors
for you and they are appalled at what has happened”.

44. On the evening of the 4th of July 2009 I witnessed Carlos Cruz being quickly
escorted up the stairs at the end of the show to collect his belongings by Bruce Tugby. I
attended the police station afterwards with Carlos Cruz where he completed his statement on
the attack that he had received from Eddie Hardin. Carlos Cruz stated that he was attacked at
work by Eddie Hardin. Danny Bowers intervened, holding Carlos Cruz's hands while Eddie
Hardin punched him, and head-butted him. Upon hearing the actors approach Danny Bowers
pretended to be attempting to separate Eddie Hardin and Carlos Cruz. The actors Patrick
O’Kane, Howard Ward and Colin Mace witnessed the end of this incident. There was no
independent witness to the beginning of it, Danny Bowers having been one of the people we
had reported to Bruce Tugby for several weeks prior to this incident.

45. Carlos Cruz and Eddie Hardin were both immediately suspended on the 4th of July
2009 while an investigation was undertaken by Master Carpenter Bruce Tugby on behalf of
the Really Useful Theatre Group. I subsequently learned that Bruce Tugby was only to
investigate the events of the 4th of July itself, with no reference to the weeks of complaints
concerning Jimmy Stuart, Eddie Hardin and Danny Bowers that Carlos Cruz and myself had
made prior to that date. This seemed to me quite wrong and led me to suspect that a cover-up
was being initiated. I spoke with my friend Terry Palmer, a retired actor with a long-standing
friendship with the Fox theatrical family. Terry telephoned the producer Robert Fox and told
him of the attack upon Carlos Cruz subsequent to weeks of complaints from Carlos and
myself to management, and of my fear of a cover-up by Bruce Tugby to hide his own
incompetence. Terry told me that Robert Fox would telephone Andre Ptsazynski, a board
level director of the Really Useful Theatre Group, and alert him. I told Carlos that we could
expect Ptsazynski to act correctly and I hoped that he would come down to the theatre in
person to sort it out.

46. At Carlos Cruz's request I immediately began to assist him in writing letters to
management, our Union Bectu, and discovering his rights. I assisted Carlos Cruz in
translating his Formal Grievance into English ( pages 100-114 Vol 1 ). Carlos Cruz’s Formal
 Grievance included entries for Racial Abuse, Harassment, Racial Bullying and
Discrimination, Health and Safety issues, and Racial Discrimination, as well as Violent
Physical Attack. I also undertook to attend with him his Formal Grievance Hearing and his
Disciplinary Meetings with management.

47. On I believe the 6th of July 2009 the cheek piece was dropped at the interval change
and almost jack-knifed into the audience. It was a matter of luck that this didn't happen.

48. On the 7th of July 2009 I texted to Carlos Cruz “Bit difficult again.Princess Anne was
in yesterday so they were trying to get things better than yesterday. Bazza ((the actor James
Barriscale)) asked me if bruce was there to help because he was fucking things up. I didn't
tell you that the tank was flown out yesterday with bruce inside it. I shouted stop and saved
his arse. I think it was vickis fault but it could have been ian.” 'Vicki' was Vicki Hurst, 'ian'
was Ian Connop, Assistant Stage Manager. I called 'stop' on a number of other occasions
which prevented accidents. James Barriscale was not the only actor frustrated by Bruce
Tugby's seeming uncanny ability to always be in the wrong place at the wrong time. Robert
Ems kept having to avoid Bruce Tugby when coming off stage.

49. On the 9th of July 2009 I texted to Carlos Cruz “interesting. An older gentleman met
with bruce this evening. He may be our man but I cannot be sure. Bruce was very nervous.
There have been lots of telephone calls for bruce.” I had thought that this gentleman may
have been Andre Ptsazynski, alerted to the situation by Robert Fox, and if it was I was
hopeful that the situation would finally be resolved. I wasn't sure because he may just have
been an older audience member resting after the matinee, though it was unusual for an
audience member to witness the pre-set. I subsequently learnt from my friend Terry Palmer
that Andre Ptsazynski had told Robert Fox during their telephone conversation that the
matter was in the good hands of his management. This I found greatly disappointing.

50. On the 10th of July 2009 I saw the suspended Eddie Hardin drinking with Gavin
Hughes Deputy Electrician, Danny Bowers and others outside the Newton Arms pub near
the Theatre in a very celebratory manner at 4.40 pm, just before they went to work. I texted
Carlos to tell him what I had seen. The drinking before work was clearly continuing.
51. On July the 14th 2009 Carlos Cruz was interviewed by DCI Burrows at Holborn
Police Station. Carlos Cruz told me that DCI Burrows had informed him that Bruce Tugby
and Gavin Hughes had made further statement to the police that was incriminating to Carlos
Cruz. DCI Burrow cautioned Carlos Cruz that if he were to bring charges against Eddie
Hardin that Danny Bowers witness statement combined with the statements of Gavin
Hughes and Bruce Tugby could lead to Carlos Cruz being prosecuted himself. Carlos Cruz
assured me that Bruce Tugby and Gavin Hughes had made false statement to the police and I
fully believed him. I had fully expected the police to arrest Eddie Hardin and Danny Bowers
upon Carlos's report and take statements from them, but this was not to be the case.

52. On the 14th of July 2009 I texted to my friend Chris Redgrave “...all they do is moan
and be rude and turn up to work drunk. If you're not like them they turn on you.”

53. On the 15th of July 2009 I spoke with the actors James Barriscale and Colin Mace.
Colin Mace reported that Jimmy Stuart had referred to Carlos Cruz in his presence
repeatedly as “the Spaniard”. Colin Mace said that Jimmy Stuart had been racist in tone. I
texted Carlos to tell him about this. I added “...If the actors speak up or are questioned i'm
very clear what they think has been going on. you can't lose”.

54. On the 16th of July I texted to Carlos Cruz “...I promise that things will go well with
you. I'm really upset that this all happened and I want you to be sure that i'll do everything
possible to make sure that justice will be done and seen to be done.” I texted Carlos Cruz
later that day after he had expressed concern that he might be attacked at home “Take care
bro. these fellas are real wankers. danny's really afraid of me. I just ignore him and he hates
it. Bruce dropped the cheek on me tonight. I caught it with pole. it's still unsafe. they're too
stupid to learn.” Danny had on a number of occasions walked straight towards me while I
stood on duty next to one of the horses. I ignored the path he took towards me and he had to
side step aside rather than bump into me. He had expected me to be frightened of him and
move aside, but I acted like he wasn't there and he embarrassed himself in front of his
cronies. I wasn't prepared to show any fear to these people. I had trained with the Maori both
in London and in New Zealand and I knew how to stand my ground. My ability to hold my
 ground clearly surprised Danny who clearly expected me to be intimidated.

55. I was visiting Carlos as often as I could, often after work, to assist him in writing
letters and to discover what his rights were. Carlos was working on drafting a Formal
Grievance letter. Carlos was in a great deal of fear and worry at this time and he often took
his frustrations out on me. I was sympathetic because of the obvious effect the attack had
had upon him, but I asked him to keep his cool so that he wouldn't fall apart. I assured him
that we could still beat these bullies, that they wouldn't get away with what they'd done,
despite Bruce Tugby's best efforts.

56. On the 17th of July 2009 I complained to Bruce Tugby about the manner in which
Danny Bowers had spoken to me on stage that day at the pre-set, being sarcastic and then
intimidating. I made it clear to Bruce Tugby that I would allow no one at the New London
Theatre to bully me. I told Bruce Tugby that the harassment and bullying at the New London
Theatre had gone on long enough. When I asked Bruce Tugby after making my complaints if
he agreed that everything I had said to him was reasonable he said “You can come and speak
to me about anything you want. We can discuss the colour of the sky if you want!” I was
appalled by his flippancy considering all the abuses that had gone on at the New London
Theatre. I felt that I was on my own at work, and that I could expect no effective support
from Bruce Tugby.

57. On the 17th of July 2009 outside the theatre Jimmy Stuart attempted to engage me in
conversation. I had been writing down my notes to the exchange on stage just prior and was
worried that Jimmy had been trying to over-look my notes. I calmly told him that in the
Theatre I would discuss matters relating to work, but that outside I had no desire for social
contact with him. He left saying “You’re not fucking worth it mate, believe me”.

58. On the evening of the18th of July 2009 Danny Bowers stood a meter or so from me
backstage during the show and stared at me silently in an intimidating manner. Towards the
end of the show on that evening, as I crossed under stage Craig McDermott, crew member,
said as I passed him “Fuck off!”.
59. On the 21st of July 2009 I asked the Assistant Manager Clare Hannon the procedure
for addressing a Formal Grievance Letter to Management. I did not say who's Formal
Grievance letter this was. I texted Carlos Cruz her answer that it was to be addressed to
manager Cucqui Rivera with a copy to Bruce Tugby.

60. On the 22nd of July 2009 I texted to my friend David Gore “...there's a big stitch up
going on. I might be the next one attacked. I'm being careful, but this lot are real bastards.it's
like going into enemy territory everytime I go to work.i've made it clear to them I want
nothing to do with them.their resentment is boiling.i'll watch my back, but i'm on my own.” I
texted to David Gore later that day “Carlos is suspended along with his aggressor. the actors
saw Carlos being head-butted, but only witness to the beginning of the attack was another of
the racist bullies we had been reporting. It is being claimed that carlos was the aggressor.
Lies are being told as part of a cover-up. I'm afraid I can't leave until justice is done. I'm
watching my back though.”

61. On the 22nd of July I sat outside the Theatre with the actress Jane Leaney speaking
with her about the situation at the Theatre and events subsequent to the attack upon Carlos.
Danny Bowers cycled past and shot me a look of pure hatred and fury. Jane Leaney said to
me “ They are angry with you because you are telling the truth” ( page 125 Vol.2). I told
Jane I was a warrior not a worrier. Jane said that this was what her daughter would say to her
and wished me well. I texted Carlos a brief version of this exchange.

62. On the 23rd of July 2009 I texted to Carlos “..saw Jimmy talking with his girlfriend.
She was telling him not to worry, that it would be alright. Jimmy is shitting himself. i don't
think you need to worry, these guys are cracking up”. I texted Carlos later that day “...I
think they realise that this isn't going to go away, and jimmy's actions will be seen by the
Really useful group. It's not hidden anymore, which is all bruce was trying to do. i''ll watch
my back”. At this stage I assumed that Bruce Tugby was trying to hide his own behaviour
from the higher management of the Really Useful Group, and that this was the reason
behind his obvious cover-up. Carlos texted me “ I can imagine how hard it is for you being
there brother. Have a good rest. I'm with you whatever happen leon.”

63. I subsequently read in the papers supplied to the Tribunal by the Respondent that on
 the 23rd of July 2009 Bruce Tugby , after telling Mr Hall of an incident concerning Jimmy
Stuart’s drinking, had said to Andy Hall “ I made a mistake employing Jimmy as a
Dayman”, and that “...He’s become too comfortable,...he’s ok with having a drink and
playing jokes on people”.

64. On the 24th of July I saw Carlos Cruz's Formal Grievance on Cucqui Rivera's desk
when I was there to collect my wages. When Cucqui realised she had left it out, she quickly
covered it and looked very worried. I texted this to Carlos and told him that I thought they
were beginning to take this seriously.

65. On the 27th of July Robert Ems, one of the lead actors, told me that his partner had
overheard Danny Bowers recently saying at stage door in his presence “ We don't put up
with grasses at the New London!”. Robert Ems asked me what was going on. I told him that
Carlos and I had been victimized for some time and that Carlos's attack had been racially
motivated. Robert Ems said that that was how things had appeared to him. Robert told me
that he wanted Danny's comment to be on the record but that he was cautious about having
his partner named and involved. I said I understood and would be discrete, but told him that
if he would come forward it may be of great help. He said he'd think about it.

66. .I wrote a long letter to management on the 28th of July 2009 [pages 115-126 Vol 1 ],
sent to the Theatre Manager Cucqui Rivera and Willy Donaghy of Bectu, making complaint
against Bruce Tugby's handling of the whole situation, against the unsafe Health and Safety
practices, the racist bullying, the drinking of alcohol before work, and expressing my fears
that Carlos Cruz would be framed to make it look like he was responsible for the attack that
he had received, and requested that a senior manager undertake the investigation since Bruce
Tugby had shown himself culpable, incompetent and incapable of dealing fairly in this
matter . I also expressed my fears for my own safety, and wrote of the intimidation that I had
received since Carlos Cruz’s attack and the inappropriate response of Bruce Tugby to my
complaints. I stated “I have never witnessed such a drunken, shambolic, racist and bullying
crew as Bruce Tugby managed to put together at the New London Theatre for “Warhorse””.
I received no reply to my letter although Theatre Manager Cucqui Rivera told me informally
that she had passed it on.
67. On the 31st July 2009 Eddie Hardin approached me in the street outside the Theatre
and said “You haven’t got a problem with me have you? I’ve never done nothing to you”. I
told him I didn’t wish to discuss anything with him. He left saying “We’ve got no problem.
I’m not a bad person.” I texted Carlos to tell him about this. I also reported this to Andy Hall
at Carlos’ formal grievance hearing.

68. Carlos Cruz requested that I attend his Formal Grievance hearing with Human
Resources Manager Andy Hall on the 4th of August 2009. I emailed Mr Hall on the 2nd of
August 2009 to inform him that I would be attending this meeting and forwarding to Mr
Hall my letter to Management of the 28th of July 2009 [pages 50-61 Vol.2 ].

69. On the 3rd of August I texted to Carlos Cruz “...don't be worried about tomorrow.
prepare yourself, but remember we will be very calm, a great difference to how eddie and
his gang. remember also that we are doing this for all foreign workers that follow so that
they'll not have to go through this.”

70. On the 4th of August 2009 I attended with Carlos Cruz his Formal Grievance
meeting with Andy Hall, Head of Human Resources for the Really Useful Theatre Group. I
asked Mr Hall if he had received my email containing my letter to management of the 28th
of July 2009. Andy Hall claimed never to have received it or seen it. I gave him a copy that I
had brought with me instantly. He thanked me, saying “More reading”. Careful notes of that
meeting were taken by Livvie Hermans, an expert short hand writer, as note taker, and
Carlos Cruz and myself spoke at great length and in great detail for almost two hours on the
abuses that had been committed towards us at the New London Theatre, including Racism,
Health and Safety abuses, drunkenness, bullying, harassment, and the attack upon Carlos
Cruz. Andy Hall told us that a detailed investigation would take place into all our claims,
and we spoke at length about who the necessary witnesses were to be interviewed. Carlos
Cruz and myself both made covert recordings of this meeting. I told Andy Hall “ It appears
to me there's a culture here where there are people who are gonna be working together for
some years, and any outsiders are expendable” (page 78 Vol 2). A transcript of my recording
is at pages 66-112 Vol. 2) .
71. By this time, we had made several complaints that had not been acted on, I had
received no reply to my complaint of 28th July2009, Carlos had been beaten up, I was left
working alone with them and considered myself in danger. I wanted to have a record of the
meeting and what all parties had said. I wasn’t convinced that a genuine truthful
investigation of the matters involved would be undertaken. The formal grievance suspended
the disciplinary process. Bruce Tugby's investigation had only centred on the incident on 4
July rather than the history of complaints. By this relatively early stage, I had no confidence
that the investigation would be carried out properly and so wanted a record of what both
Carlos and I had reported. I was, however, prepared to give Andy Hall the benefit of doubt.

72. Later on the 4th of August 2009 I texted to Carlos Cruz “Andy Hall met with crew
and vicki in cuqui's office at five thirty. Just an introduction as he said it'd be.” I then went
on to say “...i think he's going to do a good job, but we'll wait and see.”

73. On the 5th of August 2009 Danny Bowers took the day off work and attended the
show with his new black “girlfriend” in a very public manner, introducing her to Charles
Evans the National Theatre Company’s Manager and standing outside the theatre with her,
all the time looking intently at me sitting down across the road. I texted this to Carlos Cruz.
Danny had also made very public show at work recently loudly proclaiming that his new
“bird” was “black, just like I like ‘em”. I thought this was ridiculous posturing for the
benefit of avoiding the charge of racism.

74. On the 6th of August I texted to Carlos Cruz “Most actors, like most people, are
cowards. In my history I shall say everything that the actors have said. It is then up to them
whether or not they have courage to speak. If we get national theatre on side, which should
be achieved through robert, enough of them will speak. don't worry, we'll win”. Carlos had
been concerned that the actors still had not spoken up for him, or repeated their complaints
about the drinking.

75. On Friday 7th August 2009 Jimmy Stuart was drunk on stage. At the interval change
he called the crew a “bunch of women” in front of the audience. I made complaint to Bruce
Tugby of Jimmy Stuart’s condition and his comment, which he had also heard. Yvonne
 Stone, Head Puppeteer from the National Theatre, asked me during the show if I drank
before work. When I told her I didn’t drink at all, she asked me why “they” did it. I asked
her if she was referring to Jimmy Stuart’s current inebriation and she said that she was.
Yvonne Stone said to me that the show was dangerous enough without drunkenness as an
added factor. I told her the problem around here was that no one complained, that Carlos
Cruz had complained and had been beaten up for it. Yvonne Stone, the actress Rachel
Leonard later informed me, made a complaint of Jimmy Stuart’s drunkenness on this night
to the National Theatre Company Manager Charles Evans. I note from Andy Hall’s
subsequent interview with Yvonne Stone the following day that she conveyed directly to Mr
Hall her own concerns “ We have witnessed lots of occasions when people really smelled of
alcohol and it sort of feels unsafe onstage. We’re never quite sure when cues are missed if
it’s because of drinking. There have been a couple of incidents where flies have come in
dangerously...it’s scary. The other day Jimmy said, “ I’ve had a few pints, so I can work
properly now.” He definitely smelled of alcohol and there were lots of mistakes made.”
(page 123 Vol 2). Yvonne states further “... there have been complaints from the actors.
There is a long spell between pre-set and performance...the guys go to the pub...not Carlos
or Leon.” (page 123 Vol. 2). Ian Connop, Assistant Stage Manager related to Mr Hall on that
same day, “ Yes...you can smell alcohol on their breaths....A couple of members of the
Company have expressed concern. It’s part of the West End culture but it’s a safety
issue...you must be 100% unimpaired” (page 124 Vol “).

76. Dissatisfied with the Really Useful Theatre Group’s lack of proper investigation, and
the obvious continuing Health and Safety dangers to the actors at the New London Theatre,
as well as the fact that my letter of the 28th of July to management had still not received an
answer, I wrote on the 7th of August 2009 to Nick Starr, Executive Director of the National
Theatre at the suggestion, through my friend Terry Palmer, of the theatre producer Robert
Fox [pages 127-145 Vol 1 ]. Mr Fox had recommended it be sent to Mr Starr because Mr
Starr had the legal duty of care to the actors of the National Theatre at the New London
Theatre and with the hope that he would act to end the current danger to the actors. With this
letter I sent my letter of the 28th of July 2009 to Management, which had still not been
replied to by the Really Useful Theatre Group, nor even formally acknowledged. My letter
to Mr Starr began by using Robert Fox's name so that it would be an easy matter for Mr
Starr to verify if it was worth his looking into the matter by contacting Mr Fox to confirm
that he had indeed recommended that I take this course of action in forwarding my letter to
 Mr Starr. It subsequently became obvious to me that Mr Starr did not contact Mr Fox to
confirm this, as I had hoped he would, since the situation at work failed to improve.

77. By now I had reported to my line manager, the assistant manager, manager and head
of Human Resources at the New London Theatre and still people were drunk on stage. I had
no faith that it was a serious investigation. The actors in the “Warhorse” production are
employed by the National Theatre. I thought that someone at the National would want to
protect the health and safety of the actors, which was compromised by the drunken
behaviour of the crew. I hoped that by writing to Nick Starr he would instigate an
investigation into the health and safety concerns and that this would end it.

78. Mr Starr replied to me by card on the 19th of August 2009 saying “Naturally, we are
concerned to hear what you say and will be interested to hear from RUT management their
response to your document” [page 146-147 Vol 1 ]. I subsequently learned that Mr Starr
wrote this same day to Robert Jude at the Really Useful Group, informing him that he had
received from me a copy of my letter to management of the 28 th of July 2009, stating “ He
makes allegations about drunkenness, racism, physical aggression and bullying amongst the
stage crew at the New London”. Mr Starr asks how my allegations were being dealt with, if
an investigation were under way, and states “ I gather from my colleagues that we have had
some concerns about drinking backstage, and it would be good to hear whether RUT has an
alcohol policy.” [page 149 Vol 1 ]. Mr Jude replied on the 19th of August 2009 that “ RUT
does have an alcohol policy which reflects the current SOLT/BECTU agreement” [page 148
Vol 1 ]. The documents from the National Theatre subsequently sent to me by the
Respondent does not include any communication between Mr Starr and the National Theatre
Company Manager Charles Evans at the New London Theatre at this time upon the matter
of my claims as to the dangerous conditions on stage there, which would have been an
obvious step for him to have taken if he was concerned about the dangers I had alerted him
to.

79. On Saturday the 8th of August 2009, at the evening interval change, Jimmy Stuart
called the crew a “bunch of women” in front of the audience. I made complaint to Bruce
Tugby about this comment, which he had also heard, and also pointed out to him that there
 had been complaints about Jimmy Stuart's level of intoxication the previous evening.

80. I texted the actress Rachel Leonard on the 9th of August 2009 requesting that the
actors put their support for Carlos Cruz and myself in writing. Carlos Cruz was very
frightened and depressed by DCI Burrows warning to him that he might be arrested himself
if he pressed charges. I should like to quote from the notes of Rachel Leonard’s interview
with Mr Hall on the 13th of August 2009 subsequently made available to me by the
Respondent: “ I have great faith in Carlos and Leon...I feel that they have been bullied. It
seems that (amongst the crew) there’s a cozy band enjoying the lifestyle...Carlos and Leon
were not feeling safe because of the drinking. The actors can smell the booze from time to
time...Personally I don’t believe that Carlos started a fight...he’s always behaved impeccably.
Part of my reasoning is that I know Carlos and Eddie...he’s a wild card....After the compliant
about the alcohol Eddie was angry about it...he said ‘What else am I going to do?...you
(performers are all furthering your careers out there...we’re just doing a shit job for shit
money’... I said, “Times have changed..you can’t drink and work anymore”..You should
know that two of the dressers had asked for sponsorship and (various people including
Carlos and Leon ) filled in a form. After the fight Eddie took Carlos and Leon’s addresses
from the form. This was witnessed by the dressers....Eddie could be volatile. Eddie should
not get his job back in front of Carlos. I haven’t got a huge amount of trust for Danny
(Burrows). I heard him outside the gate saying, “We don’t work with grassers. It’s all a bit
‘cocky’ amongst the group. Bruce Tugby doesn’t have good skills..He’s polite but inept. Out
of his depth...he doesn’t command respect. He’s always in a nervous, edgy place. He has no
people skills. Post Martin Skelton things have slid. Even now alcohol is still being used. It
feels chaotic amongst the performers...Bruce is always the one that doesn’t know where he
should be...he doesn’t know the plot even now..he’s never given the lads a strong
line...Racial harassment is possible. Carlos is referred to as ‘the Spaniard’. I know his bike
was damaged. I completely believe they are a roughneck bunch...cocky..”we always get
away with it”. It’s fair enough that Carlos and Leon are earnest.” (page 133 Vol 2). ”. and I
would have

81. Monday the 10th of August 2009 I was interviewed by Andy Hall as part of his
investigation into Carlos Cruz’s Formal Grievance. I expressed to Andy Hall my doubts as to
the seriousness of the investigation that he was conducting due to the fact that the
 drunkenness at work among the stage crew continued (referencing Jimmy Stuart being
drunk on stage on the previous Friday) , the workplace remained dangerous, and Andy Hall's
own unwillingness to investigate the pub where the crew drank before work. I recommended
Mr Hall introduce random alcohol checks to in their theatres amongst the crew. Mr Hall did
not respond. Neither did he respond to my statement to the effect that in an incident such as
the attack upon Carlos Cruz the police should be called immediately and all parties
breathalysed. I could not understand why this had not been done.

82. I told Mr Hall the racist comment that Jimmy Stuart had made to me ( paragraph )
and told Mr Hall that I had previously reported this comment to the assistant Manager Clare
Hannon. I also reported to Andy Hall that Danny Bowers had been heard by a boyfriend of
one of the actors saying at stage door “we don’t put up with grasses at the New London”.
This actor’s name was Robert Ems. I told Mr Hall that my family were Northern Irish
Catholics, that my father had attended teacher training college in Belfast in the 1950’s with
John Hume, who later recieved the Nobel Peace Prize for negotiating the Northern Irish
Peace Accord, that they had been close friends and had together formulated a non-sectarian
approach to Northern Ireland’s problems, and that as a mark of his non-sectarianism my
father had adopted the protestant Christian name ‘Oliver’ so that this would be clear. My
father was buried with that name. I might add that the speakers at my father’s funeral
included Frank Hayes, keeper of the O.B.E Chapel at St Paul’s, that John Hume, in the midst
of negotiating the Northern Irish Peace Accord had sent a condolence telegram to my
mother, and that my father’s funeral procession to the church in London was given a full
police honour guard of motorcycle outriders as a mark of respect from the Metropolitan
Police. I told Mr Hall that I had been brought up to consider all people as equals, to be
completely non-sectarian and non-racist, and that such comments as Jimmy Stuart had made
to me in the workplace (paragraph ) were completely unacceptable to me. Mr Hall’s
manuscript notes of our meeting confirms much of this statement ( pages 121-122, Vol. 2 ).
I was not convinced by Andy Hall’s assurances that the investigation was serious given that
the drinking continued and that he would not take the most basic of steps to discover if this
was so, by taking a look at them drinking in the pub before work. Mr Hall was more
concerned with the Company’s reputation than with establishing the facts on this issue. I
made a covert recording of this meeting for the same reasons as before.

83. On Tuesday the 11th of August 2009 I met with the lead actor from the National
 Theatre Company Patrick O’Kane at about 6.30 pm. He told me that he had just been
interviewed by Mr Hall as part of his investigation into Carlos Cruz’s Grievance. He told me
that he had stated to Mr Hall that in his opinion Carlos Cruz and myself did not fit into the
“drink culture” at the New London Theatre and that in his opinion Carlos Cruz had been the
victim of a racially motivated attack. He told me that he had no respect for Eddie Hardin or
Danny Bowers, and that Danny Bowers should be ashamed to hold his head up in a
company of actors ( he told me that Danny Bowers had previously toured the country as an
actor in an anti-racism play for the Royal Shakespeare Company) . He also told me that
Eddie Hardin being allowed to remain on stage on the 4th of July 2009 for perhaps a half-
hour after the attack while he attempted to persuade the actors that Carlos Cruz had attacked
him had not been appreciated by the actors. I subsequently received from the Respondent
Andy Hall's notes to this meeting with Patrick O'Kane which confirms what Patrick O'Kane
told me he had said to Andy Hall [page 257 Vol 2].

84. On Tuesday the 11th of August 2009 I wrote to Mr Hall expressing my doubts once
again as to the seriousness of his investigation [page 127 Vol 2 ] “If this is a serious
investigation I would expect to see far more evidence that the crew themselves were taking
it seriously and were refraining from working in an unfit manner, and would expect Bruce
Tugby to be far more serious about ensuring that the drinking stops. This not being the case,
I’m not sure what’s going on here, nor how serious an investigation this actually is”. I stated
that if the alcohol policy at Stage Door did not in reality apply it should be taken down. I
also attached some photographs of Carlos Cruz’s injuries.

85. On the 11th August 2009 I received an email from Mr Hall assuring me that his
investigation was a serious investigation and that the Really Useful Theatre Group’s alcohol
policy was “clear and applies at every Theatre” [page 126 Vol 2 ].

86. I replied to Mr Hall on the 12th of August 2009 by email and said that the alcohol
policy may be “ clear “, but that it is demonstrably not adhered to at the New London
Theatre [page 125 Vol 2 ]. I stated further in this email that Carlos Cruz and myself both
believed that Bruce Tugby was guilty of Racial Discrimination in avoiding our reports of the
racial abuses involved in this whole matter. I reported further evidences of intimidation and
unsafe work practices at the New London Theatre in this email, including Yvonne Stones’
 concern at Jimmy Stuart being drunk on stage (Paragraph ) and finished by asking Mr Hall
to keep his promise made at Carlos Cruz’s Formal Grievance meeting on the 4th of August
2009 to send the notes of that meeting to us as soon as possible.

87. On the 13th of August 2009 Mr Hall wrote to Carlos Cruz and myself apologizing for
taking so long to conclude his investigation but asked us to bear with him [page 135 Vol 2 ].

88. On Saturday 15th of August 2009 at midday Craig McDermott arrived at work
completely inebriated and hardly able to stand. I was working under the cheek pieces with
him at front of stage and when Bruce Tugby called out “Ready?” before lifting the cheek
pieces over us I said “No!” When Bruce Tugby looked down to see what the problem was I
pointed at Craig McDermott and said “No!” Bruce Tugby took Craig McDermott’s place and
as we worked I said to Bruce Tugby that Craig McDermott was “completely inebriated and
unfit for work”. Bruce Tugby agreed. I said that I would not work with someone in that
condition. Bruce Tugby escorted Craig McDermott to a waiting taxi to take him home at
2:10 pm.

89. I wrote to Mr Hall on 17th August 2009 informing him of Craig McDermott’s
inebriation at work (page 134 Vol 2 ) and wondering if Bruce Tugby would finally follow
company policy in the matter. I informed Mr Hall that Health and Safety standards were still
not satisfactory, and informed him that I was bringing these matters to his attention so that
he could bring these abuses to an end in order to allow us all to work in a safer and more
pleasant environment. I once more requested the notes from Carlos Cruz’s Formal Grievance
Hearing that I attended on 4th of August 2009. That evening I discovered that Craig
McDermott had been suspended by Bruce Tugby. I subsequently received from the
Respondent an internal National Theatre email from Beth Byrne to Nick Starr, dated the 20th
of August 2009 which includes the statement “ RUT's drink policy is clearly being
contravened” [page 150 Vol 1].

90. Despite informing Carlos Cruz and myself that he would contact us no later than the
 18th of August 2009 in regards to Carlos Cruz’s Formal Grievance, Mr Hall did not get in
touch on that date. Mr Hall was aware that Carlos Cruz was returning to Spain for several
weeks holiday on the 19th of August 2009. Mr Hall had broken his word.

91. On the 24th of August 2009 Danny Bowers, during the evening show, dropped the
prop tank on me with great force. Luckily I had my legs braced and they took the weight. I
immediately made complaint to Bruce Tugby who began to make excuse without
investigation. I asked Bruce Tugby to question Mark White, a new crew member who was
taking the balance with Danny Bowers at the time. Mark said that Danny Bowers had
dropped the tank, but that perhaps he wasn’t used to it. Both Bruce Tugby and I told Mark
that Danny Bowers had plenty of experience balancing the tank. I told Bruce Tugby that I
believed that Danny Bowers had dropped the tank on me intentionally. Bruce Tugby said
that we would discuss the matter at the end of the show with Danny Bowers.

92. At the end of the show on the 24th of August 2009 Danny Bowers, Bruce Tugby with
his new Deputy Dave (I don’t know his second name) and I met to discuss how the tank had
been dropped on me. Danny Bowers said that it was an accident. I told Danny Bowers that I
did not trust him and never felt safe when he was around. I said that given all the “accidents”
that had happened over the past months I had my reasons to doubt his words and that
“accidents” only happened to me when he was around. Danny Bowers said “What
accidents?” I realised then that Bruce Tugby had probably never written own any of the
incidents Carlos Cruz and I had reported to him, nor even those that he had witnessed
himself. When I referred to the bullying that Danny Bowers and Eddie Hardin had directed
towards Carlos Cruz and myself, Danny Bowers said “What bullying are you talking
about?...Well I don’t believe I bullied any of you, I don’t believe I’ve put any of you in any
direct danger...This is just paranoia as far as I can see”. Bruce Tugby completely dismissed
my interpretation of events and invented a reason for the tank falling on me that was false.
Bruce Tugby suggested a different method of my working on the tank that made no sense to
me, and appeared to me to leave me in greater danger should the tank fall. I made a covert
recording of this meeting for the same reasons as previously: my safety.

93. On the 25th of August 2009 Bruce Tugby met me at the preset on stage. I believed
that he wished to show me the new “safe” method of working with the tank that he had
 spoken to me about the night before and to rehearse it. Mr Tugby said that there was no
reason to rehearse. I told Mr Tugby that where it was my safety in question I insisted on
rehearsal. Mr Tugby showed me this “safe” method and it was anything but safe. I had been
correct in thinking the evening before that Bruce Tugby’s suggestion placed me in a greater
danger than I had already been in. Eventually Mr Tugby accepted that this was true and an
actually safer method was agreed upon between us and rehearsed.

94. Worn down by all the events at the New London Theatre, I requested a three and a
half week holiday, was given an advance on my holiday pay of £1,094.25 on the 11th of
September 2009 and flew to Thailand to try to get away from all the stresses at the New
London Theatre on the 13th of September 2009. In the interim, Mr Hall emailed Carlos Cruz
on 11 September to advise that the investigation had still not concluded but that he hoped to
finish it within the next week [page 143 Vol 2 ].

95. Carlos replied on 24 September complaining about the delay in the investigation and
that it did not seem to be being taken seriously enough [page 144 Vol 2 ]. Mr Hall replied on
25 September that “the expectations of all concerned (including me and also now the
Company’s Board of Directors who have also been informed of the situation) is that we will
conclude matters within a few days at most” [page 145 Vol 2 ].

96. I was cc’d into an email from Mr Hall to Carlos Cruz on the 28th of September 2009
in which Mr Hall stated “Carlos, before sending my response to you I have to meet with
senior operational management and also discuss certain issues with an employment lawyer
(to ensure fairness and our compliance with all the relevant legislation and good practice
guidelines). I cannot do this until tomorrow now... so with apologies, I must ask you to wait
a little longer” [pages 146 Vol 2 ].

97. On the 30th of September 2009 Carlos Cruz emailed Mr Hall and stated “I have
decided to take formal action by getting in touch with the employment tribunal just to make
sure that I will not lose any chance to defend my rights by exceeding time limits in due
process” [pages 147 Vol 2 ].
98. On the 2nd of October 2009 Carlos Cruz forwarded to me in Thailand by email Mr.
Hall’s Reply of the 1st of October 2009 to Carlos Cruz’s Formal Grievance letter [pages
148-158 Vol 2 ]. In this reply my letter to Management of the 28th of July 2009 (pages 115-
126 Vol 1 ) was completely ignored, points answered in it were said to still be unanswered,
statements of several of the actors were marginalize or ignored (including the statement that
Patrick O’Kane had reported to me that he had made to Mr Hall), and Carlos Cruz was to be
called to face a Disciplinary Hearing in relation to the events of July the 4th 2009. Mr Hall
also informed Carlos Cruz that Danny Bowers had made written complaint against me
personally. I never saw this document until the Tribunal papers.

99. Mr Hall informed Carlos Cruz that the fact that Carlos and myself began to wear
hard hats whilst working beneath the crew at the interval change, despite the many times the
cheek pieces were dropped on us, was seen by both the crew and Bruce Tugby as
“provocative” on our behalves, despite the fact that Carlos Cruz had given the reasons in his
Formal Grievance (page 37 Vol 2 ). Mr Hall states that there is no evidence of health &
safety negligence and that “ the New London Theatre accident report book book does not
show any recorded accidents over the relevant time period”, and that therefore no further
action is required in this respect. Mr Hall suggests that all the dangers that Carlos and I had
endured were merely in our imaginations, “...there is a body of opinion amongst the crew
that you have (both) been oversensitive – and given to 'look for', even contrive, examples of
victimisation, harassment etc to prove your point” ( page 152 Vol 2 ).

100. The report I had made to Mr Hall of Jimmy Stuart’s racist comment to me in April
2009 ( paragraph ) was completely absent in Mr Hall’s 1st of October 2009 Reply to Carlos
Cruz’s Formal Grievance, indeed Mr Hall states in his Reply. “...both you and Leon have
expressed the strongly held view that racism is a motivating factor behind most, if not all, of
the incidents or unacceptable behaviours that constitute your grievance. In all of the
conversations that I have had with witnesses I have found just two examples that would
constitute supporting evidence to some degree.” My report to Mr Hall of Jimmy Stuart’s
racist comment was not among those two examples. Mr Hall continued in his reply, “I
cannot find that racism was a cause, particular issue or motivating factor in anything that has
happened... I have found no evidence that they used the hostile racist language you attribute
to them in part 1 of your grievance and no evidence to support the notion that that the level
 of their comments or attitude constituted racism of the overt and viciously personal kind
described by you and by Leon.” No mention of my report to Mr Hall of Jimmy Stuart’s
racist comment to me is contained in his reply nor in any other future correspondence from
the Really Useful Theatre Group until the Tribunal papers, where the Respondent indicated
that the suggestion that I had made such a report to Andy Hall was blatantly false, despite
the recording that I had made of that meeting and therefore of that report. Mr Hall himself
confirms that I did report to him the racial harassment I had received from Jimmy Stuart and
notes that I had previously reported the matter to Clare Hannon in his manuscript notes of
our meeting (pages 121-122 Vol 2).

101. On the 12th of October 2009 I returned to work at the New London Theatre and was
pleasantly surprised to see that a greater degree of professionalism was prevalent at work.
Then I witnessed the Queen arriving at the Theatre for the performance and realized why
this was so.

102. Following his grievance, Carlos Cruz was invited to a disciplinary hearing for which
he asked me to attend as his companion.

103. On the 21st of October 2009 Carlos Cruz forwarded to me the notes of his 4th of
August 2009 Grievance Hearing with Mr Hall that Technical Operations Director Julian
Reese had sent him that day [pages 62-65 Vol 2]. These notes constituted an extraordinary
falsification, distortion and fabrication of the content and breadth of matters discussed in
that meeting. Names had been changed, words put into our mouths that had never been
spoken, a great deal of important detail omitted, and our detailed honest report to Mr Hall
rendered falsely and confusingly. I assisted Mr Cruz in drafting a written objection to Mr
Rees concerning these notes and requesting the original notes as taken by Ms Livvie
Hermans. Mr Rees replied that the notes sent were the official notes taken at Carlos Cruz’s
Grievance Hearing of the 4th of August 2009 and that no other original exists. I do not
believe this can be true because Livvie Hermans, an expert note taker, wrote continuously
for 2 hours in hand. The typed notes produced by the Respondent were extremely brief,
falsified and distorted.
104. In late October 2009 Bruce Tugby attempted to get me to sign a document one
evening during the show, in the dark, that he said was “just for earplugs”. I refused to sign
anything without reading it. When I took it home I found the document contained the Really
Useful Theatre Group’s Whistleblower policy among other papers. I determined with myself
not to sign it until I knew what it meant. Mr Tugby tried several times over the next few
weeks to get me to sign this policy but I repeatedly told him that I would get around to it
once I had fully read and understood it.

105. On the 26th of October 2009 Jose Martinez De Aragon, a Spanish co-worker who
was supportive of Carlos Cruz but reticent to come forward, wrote a letter to Mr Rees
complaining of the treatment he had personally received from Jimmy Stuart who habitually
called him “the Foreigner”, “Johnny Foreigner”, or “Johnny” for short [pages 162-163 Vol
2 ]. Mr De Aragon agreed that I should give this letter to Carlos Cruz to give to Mr Rees at
his Disciplinary meeting on the 2nd of November 2009.

106. On the 2nd of November 2009 I attended with Carlos Cruz a Disciplinary and
Grievance Appeal Hearing with Julian Rees, Operations Director of the Really Useful
Theatre Group. Mr Rees handed Carlos Cruz a bundle of papers that he said were the
statements taken from witnesses into the events of July the 4th 2009 by the Investigating
Officer, Bruce Tugby [pages 5, 6-7, 8, 19 & 23 Vol 2 ]. Carlos Cruz handed Julian Rees Jose
Martinez De Aragon’s letter of 26th of October 2009 addressed to Mr Rees [paragraph ]
and a transcript of our meeting with Bruce Tugby in the Wong Kei restaurant. I asked Mr
Rees that the witness statements taken by Charles Evans, the National Theatre Manager on
the 4th of July 2009 from the actors be made available to us since I had no trust in Bruce
Tugby’s investigation. Mr Rees said that he did not have access to them. I made a covert
recording of this meeting for the same reason as I had recorded previous meetings. The notes
later sent of this meeting [pages 168-170 Vol 2 ] were not a true representation of this and
contain falsification.

107. On the 3rd of November 2009, at approximately 4.50 pm, I witnessed the suspended
Eddie Hardin enter the stage door of the New London Theatre and enter the lift
unaccompanied, counter to the conditions of his suspension. Eddie Hardin did not sign in at
stage door. I texted Carlos to tell him about this.
108. On the 4th of November 2009 I had a conversation with the actor Howard Ward who
told me that he was interviewed by Bruce Tugby as part of Bruce Tugby’s investigation into
the events of the 4th of July 2009 and that he had reported to Bruce Tugby that Eddie Hardin
had exhibited signs of having consumed alcohol at the time. I texted this to Carlos Cruz.
Subsequently the Respondent sent me the notes of Howard Ward's meeting with Andy Hall
dated 11th of September 2009 in which Howard Ward states “...I am aware that on a couple
of occasions Eddie has had a drink” ( page 142 Vol 2 ). Knowing Andy Hall's way with
notes I doubt that this was all that Howard Ward stated. The Respondent also subsequently
sent me an internal National Theatre email from Company Manager Charles Evans to Nick
Starr dated the 14th of November 2009 which concludes “ There was a fight between two of
the crew many months ago. I feel that this was partly fueled by drink” [ page 178 Vol 1 ].
Charles Evans had interviewed Howard Ward concerning the attack upon Carlos Cruz on the
4th of July very soon after the event. These notes were never made available to me. However,
I note in the Tribunal papers that in his meeting with Andy Hall concerning the attack upon
Carlos Cruz on the 4th of July 2009 Bruce Tugby states that he had spoken with Charles
Evans concerning the actor witnesses prior to choosing who he would interview “ Spoke to
the Company Manager (Charles Evans) about the actor witnesses. BT spoke to Colin Mace
(he was first on the scene and saw the most) see notes on Colin’s statement....” ( Page 24 Vol
2). Patrick O’Kane was never interviewed by Bruce Tugby, though known to be a central
witness. I had always suspected that Bruce Tugby had gathered from Charles Evans prior to
his own ‘investigation’ who might be awkward witnesses to interview for the pre-determined
story on the events of the 4th of July that he wished to construct.

109. On the 5th of November 2009 I spoke with the Scottish man attending stage door
who had been present when Eddie Hardin had entered Stage door on the 3rd of November
2009. He told me that Eddie Hardin often entered stage door in the daytimes, without
signing the stage door sign in sheet, as often as two or three times a week to his knowledge.

110. On the 6th of November 2009, at approximately 5.30 pm, I exited the lift at stage
door to discover Bruce Tugby with Eddie Hardin both laughing, until they saw me. They
then entered the lift together. I texted Carlos to tell him about this.
111. On the 6th of November 2009 I had a conversation with the actor Patrick O’Kane
who informed me that Bruce Tugby had not interviewed him as part of his investigation into
events of 4th of July 2009, although he was a known witness. He told me that he had made
clear to both Mr Hall and Charles Evans the National Theatre Company Manager in his
statements to them that it was his belief that Carlos Cruz had been the victim of a racially
motivated attack. I texted Carlos to relay this information and told him that we must get hold
of Charles Evans notes of his interviews with the actors just after the attack, and that I would
write to Nick Starr at the National Theatre to request them. I subsequently received from the
Respondent the notes to the meeting between Patrick O'Kane and Andy Hall which confirms
that Patrick O'Kane had stated what he told me to Andy Hall [page 257 Vol 2 ], where he
states “ My view is that Carlos had been victimised and it's partly to do with him being
foreign”. Patrick O'Kane also told me that he had told Andy Hall that Carlos Cruz and I did
not fit in to the 'drink culture' at work in the New London Theatre. This comment is not
reflected in the notes supplied by the Respondent.

112. On the 9th of November 2009 I assisted Carlos Cruz in drafting an email to Mr Rees
requesting written confirmation of the identity of the witness statements supplied by Mr
Rees on the 2nd of November 2009 and full details of Bruce Tugby’s investigation of the
events of July 4th giving the period of investigation and the full list of all witnesses
interviewed [page 176 Vol 2 ].

113. On the 10th of November 2009 I attended with Carlos Cruz his Disciplinary Hearing
with Mr Rees at his Tower Street offices. I asked Mr Rees to formally identify in writing the
bundle of witness documents that he had given to Mr Cruz on the 2nd of November 2009,
and to formally state in writing the full details of what he had called the “detailed and
extensive “ investigation that Bruce Tugby had made into the events of the 4th of July 2009.
Mr Rees refused. I asked him why he was afraid to sign his name to the truth. He became
very angry, accused me of slander and of accusing him of being part of a conspiracy to cover
things up. I reminded him that they were his words not mine. Eventually he would merely
verbally identify the documents and verbally relate the details of Bruce Tugby’s
investigation. Mr Rees acted in this meeting with great arrogance and rudeness, at one point
telling me when I asked him to define a term he used “Look it up in a dictionary”, as if I
were the ignorant one. I easily picked apart the witness statements that he had provided and
challenged how these five short documents could possibly constitute what he had called a
 “detailed and extensive” investigation. I reminded Mr Rees that all the evidence was not on
the table, that statements, including mine, had been buried, that Patrick O’Kane had told me
what he had said to Mr Hall, and that Mr Rees should be careful to make a decision in this
matter that the Really Useful Group could stand behind. Mr Rees thanked me for this. I
made a covert recording of this meeting for the same reasons as previously.

114. On the 11th of November 2009 I received an email from James Barriscale, an actor
in the National Theatre Company with whom I had entered into correspondence upon the
matter of the abuses at the New London Theatre [page 192 Vol 2 ]. In this email James
Barriscale wrote “Leon-will you email Nick Starr and bring him up to speed. I’ll Speak to
Paddy tomorrow and get back to you”. “Paddy” was the actor Patrick O’Kane who had been
a witness to the events of 4th of July 2009 but never interviewed by Bruce Tugby as part of
his “ detailed and extensive investigation”.

115. I received a text from Jose Martinez de Aragon on the 11th of November 2009 in
which he writes “Lion, I do think it's a gift to the human race to have such people like you.
Please, take care of yourself. Jose”. He later texted me “...I really think the actors will stand
for you because fortunately they are not puppets of the theatre's bigots. If you keep yourself
together, and Carlos, you will see how in the end justice will prevail.”

116. On the 12th of November 2009 I wrote an email to Nick Starr, Executive Director of
the National Theatre, headed “DRUNKENNESS, RACISM, BULLYING &
CORRUPTION@NEW LONDON THEATRE” [pages 167-171 Vol 1 ]. In this email I gave
Mr Starr details of the cover-up involved in Bruce Tugby’s investigation into the attack upon
Carlos Cruz on July the 4th, the cover-up involved in Carlos Cruz’s Formal Grievance
investigation; the falsification of notes taken at meetings; Mr Rees’s unwillingness to
identify the details in writing of Bruce Tugby’s investigation; the fact that my letter to
management of 28th of July had never been answered; the burying of witness statements
including those given by actors from the National Theatre; that despite Mr Hall
recommending the immediate implementation of a “Zero tolerance “ policy towards alcohol
at the New London Theatre in his 1st of October Reply to Carlos Cruz’s Formal Grievance
 letter that no such policy had been implemented and that the drinking continued. I informed
Mr Starr that I was in possession of recordings which could verify a great many of my
claims. In expressing my despair at the behaviour of the Really Useful Group management I
stated “...the higher management do seem conspicuous by their stupidity and lack of clear-
sightedness. It is they, in fact, who are in danger of bringing the Really Useful Group into
disrepute, hardly good management, and Lord Webber should be notified immediately what
these fools are doing to his good name”. I state further “ The Really Useful management
have made the insane decision to side with the aggressors because they see it as more
expedient than allowing the suggestion that drunkenness, racism, bullying and violent attack
have occurred under their watch”.

117. I recommended Mr Starr to send “troubleshooters” to the Newton Arms Pub to

witness the crew drinking before work; warning Mr Starr of the danger to the safety of the
actors of the National Theatre in having crew members unfit to work due to alcohol
consumption, and adding “I believe it your duty, as being ultimately responsible for the well-
being of the National Theatre Company at the New London Theatre, to put your shoulder to
the wheel and make sure these practices end now. Obviously, having drunk crew on stage
goes against the Rules of Management, and, technically, the New London Theatre stands in
danger of having it’s license withdrawn”. I concluded this email by stating to Mr Starr, “I
know that you will do what is right for the well-being of the National Theatre Company”.
Subsequently I received from the Respondent an internal National Theatre email from the
Company Manager Charles Evans to Nick Starr & others at the National dated 12th
November 2009 wherein he states “I think the onus should be on RUG to say to me that the
crew will never smell of drink or put these thoughts into my mind or the companies. We
should never see our crew in the local pubs or outside them drinking prior to a show. We did
before Saturdays matinee when some of the company and Stage Management were watching
the start of a football match” [page 166 Vol 1 ]

118. By this time, I had raised my concerns about health and safety and harassment with a
number of senior managers at the Respondent including Bruce Tugby, Andy Hall, Julian
Rees, Clare Hannon and Cuqui Rivera. Ms Rivera told me that my letter had been passed on
(which I took to mean higher management) but I received no reply. Mr Hall told me that the
directors were aware of the situation. It seemed however that the Respondent was not taking
my complaints seriously. I hoped that Nick Starr would instigate an investigation as he was
 responsible for the health and safety of the actors on stage. I wasn’t satisfied with Julian
Rees’ investigation and he is the main person responsible for health and safety at the New
London Theatre.

119. On the 13th of November 2009 I sent an email to Mr Starr at the National Theatre
apologizing for any emotive language I had used in my previous email, but asking him to
understand the pressure that I was under due to the conditions at work, stating “ Please
understand that I am, and have been, under tremendous pressure for many months as a result
of this terrible situation [page 172 Vol 1 ]. I state in this email “The simple theme of all of
this is Justice for Carlos Cruz. I also do not want an actor from the National Theatre to be
injured or killed because we have drunks on the stage crew and I was too afraid to speak
up”. I attached the transcripts of the Wong Kei meeting and the meeting in Bruce Tugby’s
office for Mr Starr’s reference.

120. On the 13th of November 2009 I received the following reply from Mr Starr of the
National Theatre: “Thank you. I am reading your emails and taking what I believe to be
appropriate steps to equip myself with further information. The consumption of alcohol is a
straightforward no-go area in working hours as far as I and the NT are concerned. Nick
Starr” [page 172 Vol 1]. I subsequently received from the Respondent an email from Nick
Starr to Andre Ptsazynski, a board level director of the Really Useful Group, dated 13 th
November 2009 attaching my email of the 12th of November [page 173 Vol 1 ]. Andre
Ptaszynski replied to Nick Starr on the 13th of November “ I will do absolutely nothing,
though my first instinct is to wade in. I wait to hear more...” [page 173 Vol 1 ].

121. Later that evening on the 13th of November 2009 Danny Bowers once more
attempted to drop the tank on me. Due to my caution when working with Danny Bowers I
avoided being struck by the tank. I told Danny Bowers to step away from the tank before I
would recommence working on it. Danny Bowers left that side of the stage altogether. I
made complaint to Bruce Tugby about this incident, told him I believed Danny Bowers had
intended to harm me, and made clear to Bruce Tugby that I would refuse to work on the tank
until I was convinced that I would be safe. Danny Bowers never returned to work while I
remained at the New London Theatre from this day forward. I texted Carlos “...It'll get more
dangerous for me as they start to realise what is going on”.
122. On the 14th of November I emailed Nick Starr to inform him that Danny Bowers was
“off sick” and would not be in the Newton Arms if Mr Starr intended to send a trouble-
shooter to check on the crew drinking there [page 172 Vol 1 ].

123. I subsequently received from the Respondent an internal National Theatre email from
Charles Evans to Nick Starr dated the 14th of November 2009 [page 174 Vol 1 ] . Mr Evans
explains that he had returned from holiday and that Colin Mace and Howard Ward had asked
him to “ do something about the fact that the crew often smelt of drink”. Mr Evans then goes
on to report to Mr Starr an incident where the actor James Barriscale had “ mistakenly
walked under a shutter which was flying in”. I had been present backstage when this
incident took place, indeed I had spoken of it with both Colin and Howard. Mr Evans is
mistaken, however, since the fault lay with the crew in the flies for suddenly bringing the
shutter in at the wrong time, not with the actor, since the cue could never occur at the
moment when he is standing beneath the shutter. For it to be possible to come in when an
actor was underneath the shutter the Stage Management would have had to have called,
clearly a ridiculous suggestion. Stage Management were covering for the flies. Mr Evans
states further “ The Stage Management stopped this shutter. Their observation was that if the
flyman had been slower to react due to drink there mightn't have been a happy outcome”.
This is untrue, the Stage Manager Vicki Liles had even denied to me some days later that
this incident had even occurred at all. She was covering for the crew with whom she had
become too familiar. It was their fault. Mr Evans continues that Ms Liles had observed that
“the staff do drink and do sometimes smell of it. She said she doesn't know about the fly
floor. She too is very concerned and wishes us to be alcohol free”. Mr Evans then states “
Tom Richardson said in his email ' It should be noted that when persons are operating
machinery (including manual flying systems), any amount of alcohol will make them 'not fit
for work'”.

124. On the 15th of November 2009 I had a conversation with the actor Colin Mace who
informed me that an actor had been thrown from the stage the previous week due to Bruce
Tugby allowing a crew member to operate the stage revolve without rehearsal. Colin Mace
said that he held Bruce Tugby’s work practices to be the cause of this accident and the fact
that the crew were lazy and disinclined to rehearse. Mr Mace told me that the actor had
 injured his arm but could have broken his neck. He told me that the actors had made strong
complaint to the National Theatre Company Manager, Charles Evans, and that a complaint
had been issued to the Really Useful Theatre Company.

125. Mr Mace also told me that he and the actor Howard Ward had met with Charles
Evans, the National Theatre Company Manager, to ascertain what exactly the alcohol policy
at the New London Theatre was. When informed by Mr Evans that it was relatively lenient,
Mr Mace and Mr Howard went to stage door to examine the policy pinned to the notice
board there. It stated clearly that anyone found under the influence of alcohol would be
suspended immediately and, if necessary, the police called. It also stated that anyone not
reporting someone they believed to be under the influence of alcohol may face disciplinary
action. The actor James Barriscale told me that the actors would tell their Company Manager
Charles Evans that if any crew member exhibited signs of being drunk then they would
refuse to go on stage until he was removed from the building. Mr Colin Mace told me that
Mr Charles Evans had contacted Mr Starr, Executive Director of the National Theatre, and
informed him that there was a serious situation at the New London Theatre that must be
sorted out. Colin Mace, Howard Ward and Patrick O'Kane had all conveyed to me that the
drinking was hardly a secret since the stage crew could be seen outside the pub drinking
practically every day.

126. I texted to Carlos Cruz on the 15th of November 2009 “...I've been speaking with
bazza after the show for an hour a time and sending him documents. the actors know what is
going on. they are genuinely concerned for their own safety and, yes, their lives. colin told
me that one actor last week fell off the stage because the revolve suddenly stopped. He fell
in the trench and could have broken his neck. the actor's were very angry and charles was
forced to issue a complaint. the actors have seen the letter I sent to nick starr and are in
support. they want this situation to end because their lives are genuinely at risk and they are
pissed off in the way you've been treated.”

127. On the 16th of November 2009 the National Theatre sent a man to cover for the
Company Manager Charles Evans for the performance. The actor James Barriscale told me
that he was a top troubleshooter for the National Theatre and that it was indication that Nick
Starr was taking my complaints about Health and Safety dangers at the New London Theatre
 seriously. I subsequently received from the Respondent an email sent on the 16 th of
November 2009 by Nick Starr to Robert Jude at the Really Useful Group in which he states
“ I would be very grateful if you could bring me up to date with the state of the investigation
your colleagues were conducting, and to give me your comments in particularly on Mr
Donnelly's allegations of an alcohol culture backstage at the New London [page 180 Vol 1 ].
Mr Starr wrote again on the 16th of November to Robert Jude stating “ Charles Evans, our
company manager at the New London, has expressed his concerns to me that some of the
New London crew drink alcohol before performing their work. As I have a duty of care
towards the actors and other staff in the theatre employed by NT, you'll understand that I
need to act upon these concerns. Howard Ward and Colin Mace, mentioned in Charles's
email below, are senior members of the acting company and I'm minded to take what they
say seriously. Could you confirm that a no-alcohol rule operates in RUG theatres, as I
believe is the case? [page 177 Vol 1 ]. Robert Jude responded on the 17 th of November
stating that such allegations are taken very seriously and that Julian Rees had been cc'd into
this reply since “... this matter is directly within his remit” [page 177 Vol 1 ].

128. On the 17th of November 2009 Mr Rees sent an email to Carlos Cruz, which Carlos
Cruz forwarded to me, accepting his request for a two week period extension in his
disciplinary process in which to write his appeal against the findings of his Grievance
Hearing [page 226 Vol 2 ]. He states, however, “in the interests of moving matters forward
to best effect I would prefer you to give a verbal account of your appeal ground in a meeting
with myself.” Mr Rees suggests in this email a Grievance Appeal Hearing for Carlos Cruz
on the 20th of November 2009. Mr Rees then goes on to answer Carlos Cruz’s written

request of the 9th of November 2009 for details of Bruce Tugby’s investigation into events of
the 4th of July 2009. Mr Rees states “I can confirm that the investigation conducted by
Bruce Tugby lasted from 4th July to 27th July and during those investigations he
interviewed and spoke with; Branwell Donaghy Daniel Bowers Eddie Hardin Colin Mace
Gavin Hughes”. He then states that Bruce Tugby also spoke with members of Stage
Management who had not witnessed “the start of the incident”, and a member of the puppet
maintenance team, but that “they did not witness any of the events surrounding the incident
between you and Eddie Hardin”. No mention was made of the actors Patrick O’Kane and
Howard Ward who had been witnesses to the events of the 4th of July 2009.

129. On the 17th of November 2009 I sent an email to Nick Starr at the National Theatre
 headed “Health and Safety at the New London Theatre”, thanking him for sending one of his
top men to take Charles Evans’s place the night before, and stating “The actors that I have
spoken with are fully aware that I have their best interests at heart” [pages 175-176 Vol 1]. I
then went on to say that in this spirit I wished to convey to Mr Starr a Health and Safety
concern that had bothered me for months, the suspension of a weighty tallescope on a
possibly compromised chain suspended above one of the main passageways for the actors
backstage. Bruce Tugby had placed it there and I had narrowly avoided serious injury from
it falling some months before, being pushed out of its path by Martin Skelton until its
descent was checked by a snagged link in the chain. Gavin Hughes had told me that the
chain was possibly compromised since a single link had blocked the pulley and taken the
full force of it's weight and sudden descent. Gavin Hughes told me that it should be replaced
but that given that this was the New London Theatre it probably wouldn't be. I feared for the
actors’ safety from this heavy object.

130. When the tallescope fell, I expressed my doubts to Bruce Tugby about its safety.
Nothing was done. The tallescope was under the main walkway for the actors. I stood
underneath it each night and watched it sway. I was scared for my safety. The way they had
dealt with the complaints about Carlos Cruz’s bullying and the drinking gave me no
confidence that they would deal with this properly. I had recently raised health and safety
concerns with Nick Starr about the drunkenness and so thought he could include this within
his health and safety investigation. I understand that the tallescope was subsequently tested
by the National Theatre and found to be defective [page 183 Vol 1].

131. On the 18th of November I texted to Carlos Cruz “I've asked the actors, through
bazza, to re-state the statements they wrote, send a copy to nick Starr, equity, and Really
Useful Group. It's time for them to make a stand”. I believed that the actors needed to act to
save themselves as much as anyone else since they were endangered too. They had made
statements but they had been buried, so it made sense to me that they re-write them and send
it to the organisations I'd mentioned so that the Really useful Group couldn't bury them.
There is no indication that Charles Evans had sent the statements he had taken on or around
July the 4th to the National Theatre, judging from the National Theatre documentation
supplied subsequently by the Respondent.
132. On the 19th of November 2009 I sent an email to Nick Starr of the National Theatre
headed “Justice For Carlos Cruz” [pages 184 Vol 1 ]. In this email I referred to the
falsification of documents on behalf of the Really Useful Theatre Group, and the manner in
which investigations had been carried out. I state “I am quite in despair of hoping that the
Really Useful Group will begin to play honestly in this matter. Consistently Bruce Tugby,
Andy Hall, and now Julian Rees have resorted to falsification, concealment of evidence, and
have exhibited a grossly immoral attitude towards truth and justice in this matter. They are
covering up crimes, and that is, in itself a crime. I see no resort but to report the behaviour of
the Really Useful Group to the police”. I requested Mr Starr to assist in this matter by
releasing the statements that the National Theatre Company Manager Charles Evans had
taken from the actors on the 4th of July 2009 to the Tribunal and to the police and requesting
that Mr Starr undertake to take new statements from the actors who were witnesses to the
events of the 4th of July 2009, submitting these to the Actor’s Union Equity, the police and
the Really Useful Group. I subsequently received from the Respondent an email sent on the
19th of November by Andre Ptaszynski of the Really Useful Group to Julian Rees and Andy
Hall, cc'd to Nick Starr at the National Theatre in which he states “Now I have read nearly
everything, I just wanted to say thank you to both of you for the painstaking care and
thoughtfulness with which you are handling the whole ghastly process down at the New
London. Hopefully we are approaching some sort of resolution. As you know, I am in the
mix now just to ensure that nothing affects our relationship with the National. I don't think it
will. Nick Starr is one of the fairest and brightest people I have ever met in our industry. And
he understands the problems. He had to dismiss a flyman who was dealing only two days
ago. Anyway. Light at the end of the tunnel soon. Thank you again” [page 185 Vol 1 ].

133. On the 23rd of November 2009 Bruce Tugby told me at preset that Cucqui Rivera,
the Theatre Manager wished to speak with me. Bruce Tugby was dancing and laughing on
stage as I left to meet with her. I was informed by Ms Rivera that Mike Brown, Operations
Director Of the Really Useful Theatre Group, wished to meet with me at 5 O’clock the
following day.

134. On the morning of the 24th of November 2009 I spoke by telephone with Carlos
Cruz. He informed me that Andy Hall, Human Resources Manager, had contacted him with
an offer of £1,500 to pay for a lawyer to facilitate a Compromise Agreement settlement with
him.
135. At 1:18 pm on the 24th of November 2009 I texted to Carlos Cruz “Ok, so the way I
see it is they want to separate us. On your own they think you would be foolish enough and
frightened enough to take money to shut up. These are the same guys who have been trying
to frame you for a crime you didn’t commit. Brown will try to frighten me with losing my
job. They are the ones who are really frightened”. I went on to state “they are offering, in
truth, nothing”.

136. On the 24th of November 2009 at 5 o’clock I met with a visibly nervous Mike
Brown and the Theatre Manager Cuqui Rivera. Mr Brown told me that this was a “courtesy”
meeting not an official meeting. He informed me that he was aware of my correspondence
with Mr Starr at the National Theatre, and that as a result he would be making an
investigation into my claims lasting an expected two weeks. When I asked Mr Brown if he
was aware that the false investigations that Mr Tugby had made and that Mr Hall had made
were crimes because Mr Hall’s report would be sent to the police he would not comment. I
informed Mr Brown that I would be going to the police. At Mr Brown’s request I promised
not to write to Lord Andrew Lloyd Webber at this moment. I made a covert recording of this
meeting for the same reasons as previously.

137. On the 24th of November 2009 the actor James Barriscale told me that the actors
would tell Charles Evans their Company Manager that if Eddie Hardin returned to work that
they would refuse to perform. I subsequently received from the Respondent an email from
Nick Starr at the National Theatre to Andre Ptaszynski on the 24th of November 2009 in
which Mr Starr states “ I have spoken again to our Company Manager, Charles Evans, and
he confirmed to me that two senior members of the acting company have come to him
recently to say that they have smelt alcohol on the breath of crew members, and to express
their concern that the safety of the show may be in doubt if anyone working backstage has
consumed alcohol before or during their shift. I feel that the only workable policy is a policy
of zero-tolerance, such as we have put in place at the NT” [page 189 Vol 1 ].

138. At 11:45 pm on the 24th of November 2009 I texted to Carlos Cruz “...they just want
to keep me quiet while they buy you off. I’d advise you not to even enter into negotiations
with them. You’ll get more when it’s properly settled and you’ll help make sure no one gets
 treated like this again.”

139. On the 25th of November 2009 at 12:57 pm I received a text message from Carlos
Cruz stating “Don’t worry eddy is not going back. I’ll do what is best for all of us. You
should feel proud about what you’ve done Leon. Don’t regret. Regards brother.”

140. On the 25th of November 2009 I sent an email to Mr Starr at the National Theatre
informing him of my meeting with Mr Brown the previous day and the matters discussed
[page 190 Vol 1 ]. I informed Mr Starr that concurrent with Mr Brown’s investigation Mr
Hall had been attempting to have Carlos Cruz sign a confidential Compromise Agreement. I
stated “In the light of this I see Mr Brown’s offer of a new investigation as being somewhat
duplicitous”. I informed Mr Starr that I would be including our correspondence among the
documentation that I would be supplying to the police.

141. On the 25th of November Julian Rees called the entire crew to a meeting where a so-
called zero tolerance policy towards alcohol was announced as of effect the following day. I
questioned the timing of this policy, referring to Andy Hall's recommendation of the 1st of
October 2009 in his reply to Carlos Cruz's Formal Grievance that a zero tolerance policy be
implemented with immediate effect back then, asking why had this not been done, stated
that a perfectly good alcohol policy existed already but that the problem was that it was not
adhered to, and not enforced. I was shouted down by the entire crew. I made a covert
recording of this meeting for the same reasons as given previously. When I got home and
read this new policy I realised that it was far weaker than the original policy, but that now
apparently only Andy Hall and Julian Rees were able to ascertain whether a member of staff
were intoxicated or not.

142. On the 27th of November 2009 the actor James Barriscale tells me that he saw
Danny Bowers in the pub whom he said looked very relaxed and happy.

143. On the 28th of November 2009 Carlos Cruz informed me by text that he had
 arranged to meet with Mr Hall on Monday the 30th of November to discuss a settlement. I
advised him against accepting any offer.

144. On the 28th of November 2009 I wrote to DCI Burrow of the Metropolitan Police
under the heading of “VICIOUS ATTACK ON CARLOS CRUZ AT NEW LONDON
THEATRE” [pages 191-192 Vol 1 ]. I attached my letter to management of 28th of July,
several of my correspondences with Mr Starr of the National Theatre, transcripts of the
meetings with Bruce Tugby at the Wong Kei restaurant and in his office, and notes of the
Andy Hall meeting of 4th of August along with my transcription of the same. I informed
DCI Burrow of the false investigations so far carried out into events, stating “I have
witnessed what I believe to be criminal dishonesty from the Really Useful group in the
managing of both of these investigations... They have attempted to frame an innocent man,
Carlos Cruz, with the responsibility for the attack he received, accepting Danny Bowers
false statement that Carlos Cruz initiated this “fight”, and have attempted to cover up all
witness statements that would lead to a contrary conclusion”. About a week later, DCI
Burrow replied by email to say that in his opinion this was not a criminal but a civil matter
and suggested that I await the outcome of the Respondent’s investigation [page ].

145. On the 28th of November 2009 at 10:26 pm I texted to Carlos Cruz “Ok Carlos, I’d
advise you not to accept any deal. You can take as long as you want. They are only
frightened because I’ve reported them to the police. We’ve got this far, I’d be really
disappointed if you let them buy you off now. You’d get more in a court anyhow and you’d
help others, but your call. No wonder Bruce is looking so happy”.

146. On the 30th of November 2009 I wrote a letter to Lord Andrew Lloyd Webber
informing him of the abuses at the New London Theatre and the behaviour of the Really
Useful Theatre Group management, and alerting him to the fact that I had already reported
these matters to the police [page 193 Vol 1 ]. I informed Lord Webber of the racial
harassment at the New London Theatre of Carlos Cruz and the vicious attack that he
received. I also informed him of the false investigations so far carried out stating “Witness
statements were buried, notes of all meetings were falsified, and Tugby, Hall and Rees have
behaved in such a shameful manner that I have reported them to the police”. I also sent Lord
Andrew Lloyd Webber my letter of 28th of July to management; several of my emails to Mr
 Nick Starr at the National Theatre (12th of November, 13th of November, 19th of
November, 25th of November); Mr Starr’s reply to me of the 13th of November; a transcript
of the Wong Kei meeting with Bruce Tugby of the 13th of June; a transcript of the meeting
in Bruce Tugby’s office on the 15th of June; my email to Mr Hall of the 11th of August; my
email to Mr Hall of the 12th of August; my email to Mr Hall of the 17th of August; Mr
Hall’s email to Carlos Cruz and myself of the 13th of August, and Carlos Cruz’s Formal
Grievance.. I concluded this letter by stating “I am very sorry to have to alert you to this
matter, but the mismanagement of this affair by your senior management has been
scandalous, criminal and completely unacceptable. I am afraid that you need to clean your
house, and I will assist you in any way that I can”. I received no reply.

147. The purpose of writing to Andrew Lloyd Webber was because he was the
Respondent’s owner and a board member. I wanted to bring what was happening to his
attention so that it would be dealt with correctly. I believed Lord Webber would wish to be
informed of these abuses and bring them to an end.

148. On the evening of the 30th of November 2009 I had a telephone conversation with
Carlos Cruz in which he told me he had met with Mr Hall that day. He told me that Mr Hall
had told him that he had always believed that Carlos Cruz was innocent and had been telling
the truth, but that if he proceeded with his claims some individuals might face prison
sentences. Carlos Cruz told me that he did not want to be responsible for someone going to
prison. Carlos Cruz signed an agreement to accept £1,500 to pay for a lawyer to advise him
on a Compromise Agreement.

149. On the 2nd of December 2009 I sent an email to Mike Brown thanking him for our
“courtesy” meeting on the 24th of November 2009 and requesting to be informed as to who
was undertaking this investigation [pages 248-249 Vol 1 ]. I informed him that the actors
were willing to give new statements and that I was keen to give a statement myself. I stated
again that I hoped that part of the remit of this new investigation was to investigate the two
previous false investigations of Bruce Tugby and Andy Hall. I informed him that I had made
a report to the police concerning these false investigations. I stated my belief that Bruce
Tugby’s handling of the complaints of both myself and Carlos Cruz prior to the events of the
4th of July 2009 was deserving of investigation, and my belief that Bruce Tugby remaining
 as Master Carpenter was an untenable position for the Really Useful Theatre Group.

150. I also informed Mr Brown that I had decided to write to Lord Andrew Lloyd Webber
informing him how badly managed this whole affair had been by senior members of
management. I stated, “I have great expectation that, between your new investigation and
any steps that the police may wish to take in regards to this matter, justice will finally be
done in regards to the reports of racism, harassment, bullying, drunkenness, health and
safety abuses, and violence at the New London Theatre that Carlos Cruz and myself have
been making for well over six months now”. I received no reply.

151. On the 5th of December 2009, during the interval of the evening show, Eddie Hardin
arrived at stage door looking happy and was greeted with great warmth by the rest of the
crew. He entered stage door and went up in the lift unaccompanied. I informed Carlos Cruz
of this by text, who contacted Mr Hall and was assured by Mr Hall that Eddie Hardin would
no longer have open access to the New London Theatre.

152. On the 6th of December 2009 I received a text message from Carlos Cruz informing
me that he had been receiving advice from a lawyer. Carlos Cruz advised me that I should
put a Formal Grievance in this week.

153. On the 7th of December 2009 I wrote an email to Mr Brown again expressing my
keenness to be interviewed as part of his investigation [page ]. I stated that I had
witnessed much in the lead up to the attack upon Carlos Cruz and had been subjected to
further abuse myself once I had supported Carlos Cruz. I stated, “I am able to give my
witness statement as to the corrupt and immoral manner in which this matter was dealt with
by Bruce Tugby, Andy Hall, and Julian Rees, all of which, I am sure will be of great interest
to you and to the future good standing of the Really Useful Group.” I received no reply.

154. On the 9th of December 2009 I was escorted by Bruce Tugby from the stage at preset
and met with Mike Brown and Cuqui Rivera. Mike Brown told me that he had concluded his
investigation and that as a result I would be immediately suspended pending a disciplinary
hearing for Gross Misconduct. He gave me a sealed letter [pages 250-251 Vol 1 ]. When I
 asked what the charges against me were he declined to tell me and merely said that they
were contained in the letter that he had handed me. I made a covert recording of this meeting
for the same reasons as previously.

155. I was escorted to my locker by Bruce Tugby and Cucqui Rivera and told to clear my
belongings. When I protested that I did not have a large enough bag to take everything and
requested an opportunity to arrange to return with a bigger bag this was denied to me. I was
told that Bruce Tugby would arrange to clear my locker and I could pick up my belongings
at head office. I was escorted off the premises by Bruce Tugby and Cucqui Rivera.

156. The 9th of December 2009 letter given to me by Mr Brown at the New London
Theatre informed me that I should attend a disciplinary hearing on the 17th of December
2009 to consider an allegation of gross misconduct. I was considered suspended on full pay
until the conclusion of the disciplinary hearing. This letter stated “If you are found guilty of
gross misconduct, you may be dismissed without notice or pay in lieu of notice”. The
allegations against me were stated in this letter as:

“ (a) during the long period during which the Company’s managers have tried reasonably and with
appropriate diligence and integrity to resolve matters arising from your colleague Carlos Cruz’s
grievance, you have continually made disparaging and derogatory statements about the Company
and a number of its employees. Very many of your statements have been untrue and malicious;

(b) you also sent emails containing similar disparaging and derogatory remarks on 12, 13, and 19
November to a third party;

(c) you sent a long letter of a similar nature to the Company’s owner dated 30 November 2009. The
company’s owner is a shareholder in the Company but is not your employer and does not hold any
executive position in the Company;

(d) the emails were in breach of: (i) your duty of trust and confidence; (ii) the Company’s rules on
confidentiality summarised in Clause 11.3 (x) of your contract of employment; and (iii) your legal
duties of confidentiality;

(e) you secretly recorded conversations with Mr Tugby on 13 and 15 June 2009; and

(f) your continual disparaging and derogatory statements, the sending of those emails and the covert
recording have caused an irreparable breakdown in the relationship between you and the Company.”

It was signed Mike Brown, Operations Director.

157. On the 11th of December 2009 I received a text message from Carlos Cruz informing
me that his father was sick and that he was returning to Spain.

158. On the 14th of December 2009 I wrote an email to Mr Brown requesting a

postponement of my disciplinary hearing since I was having difficulty securing a Bectu
Union representative to accompany me until after the Christmas and New Year Holiday
[pages 252-254 Vol 1 ]. I requested that my hearing be postponed until after January the 5th
2010 when my representative Willie Lesslie would be available. I asked Mr Brown for
clarification of the allegations made against me in his letter of the 9th of December 2009. I
stated “So that I may have the opportunity to defend myself against any allegations that
Really Useful Theatres Ltd are claiming against me, I wish you to give me, in writing, the
specific rulings I am alleged to have broken. Your letter of the 9th of December ’09 is quite
vague in this respect”. I requested of Mr Brown “ Can you define, in writing, the specific
period you refer to as “continually”, indicating which are the specific statements made by
me that you consider “disparaging”, “derogatory”, “untrue”, or “malicious”; and in which
specific correspondence these statements were allegedly made, or where they were alleged
to have been made”. I state further in this email “...I require in writing the allegations against
me to be specific and clear, so that I may defend myself, and also understand the reasons for
what you describe as “an irreparable breakdown in the relationship” between me and the
Company. I maintain that I have spoken the truth from the first to the last, and am prepared
to stand in court to defend my honour on his point.”

159. On the 21st of December 2009 I received a letter from Mr Brown in reply to my
email of the 14th of December 2009 [pages 262-263 Vol 1 ]. Mr Brown accepted a
postponement of my disciplinary hearing until January the 5th 2010. Mr Brown states: “I do
not propose to give an exhaustive analysis of each example of disparaging remarks (by
which I include all of your remarks alleging malpractice) by you”. Mr Brown specifies that
my allegations of malpractice by Andy Hall, Julian Rees and Bruce Tugby in my
correspondence are held against me. My letters to Andrew Lloyd Webber and Nick Starr are
held against me. Mr Brown states “The employment relationship encompasses a mutual duty
of trust and confidence. The allegation against you is that you have acted in a manner that
has destroyed that essential aspect of the employment relationship”. Mr Brown tells me that
I have breached my duties of fidelity and duty of confidentiality, divulged information likely
 to cause the company harm, ignored the company’s whistle-blowing policy, expressed
myself intemperately, and broken trust and confidence in recording Bruce Tugby. Mr Brown
did not give me further specifics of any laws or rulings that I had allegedly broken, as
requested in my email of the 14th of December 2009.

160. I note that in this letter Mr Brown uses the word “disparaging” rather than “malicious
and untrue” to describe my comments once I had asked for specific examples. I consider this
to be very different and that this shows that he could not find any examples of anything that
I had said that was malicious or untrue.

161. On the 4th of January 2010 I submitted a Formal Grievance letter to the Theatre
Manager Cucqui Rivera, Mr Brown and Bruce Tugby, with a copy to Willie Lesslie at Bectu
[pages 264-355 Vol 1]. I refer in this letter to the abuses at the New London Theatre, the
attack upon Carlos Cruz and the management cover-up and attempt to arrive at a pre-
determined outcome to their investigations. In this letter I state “I am charged by Mike
Brown with Gross Misconduct for the measures I have undertaken to seek Justice for Carlos
Cruz in this matter, and with being a malicious liar for the claims I have made in my various
correspondence on this matter, including that with Nick Starr, Executive Director of the
National Theatre, and the Really Useful Group owner Andrew Lloyd Webber. I most
strenuously reject these charges, am determined to uphold my honesty and good name, and
state here that I am being victimised by the Really Useful Theatre Group Ltd, through Mike
Brown, for having made complaints that are both true and very serious in nature. There has
been no real effort from the Really Useful Theatre Group Management to get to the truth of
this matter, even now, and my intended disciplinary is in itself an attempt to quash the truth.”

162. I state further “Everything that I have done has been in the best interests of all
concerned. Surely the Really Useful Group cannot maintain that Racism, Drunkenness,
Violence, Harassment, Bullying, and Health & Safety Abuses are acceptable in the
workplace at the New London Theatre. I have an absolute right to work in a safe and
pleasant work environment, and by not taking the complaints that Carlos Cruz and myself
made concerning the abuses that were occurring at the New London Theatre, the Really
Useful management deprived me of that right”. I further state “I am accused by management
of being a malicious liar in the charges made against me by Mike Brown, which is in itself a
 malicious lie”.

163. I attached appendices to my Formal Grievance letter of the 4th of January 2010
including Carlos Cruz’s Formal Grievance letter; my letter to management of the 28th of
July 2009; my transcription of the Wong Kei meeting of the 13th of June 2009; my
transcription of the meeting in Bruce Tugby’s office of the 15th of June 2009; the notes of
the meeting with Andy Hall of the 4th of August 2009; my transcript of the meeting with

Andy Hall of the 4th of August 2009; my email to Mr Hall of the 2nd of August 2009 with
attached letter to management of the 28th of July 2009; my email to Mr Hall of the 11th of
August 2009; Mr Hall’s email to me of the 11th of August 2009; my email to Mr Hall of the
12th of August 2009; my email to Mr Hall of the 17th of August 2009; my email to Mr Starr
of the 7th of August 2009 with attached letter to management of the 28th of July 2009
(wrongly identified as 28th of August 2009); Mr Starr’s reply to me of the 19th of August
2009; my email to Mr Starr of the 12th of November 2009; Mr Starr’s reply of the 13th of
November 2009; my email to Mr Starr of the 13th of November 2009; my email to Mr Starr

of the 17th of November 2009; my email to Mr Starr of the 19th of November 2009; my
email to Mr Starr of the 25th of November 2009; my letter to DCI Burrow of the
Metropolitan Police dated 28th of November 2009; the cover letter to Lord Andrew Lloyd
Webber of the 30th of November 2009; my email to Mr Brown of the 2nd of December
2009; and my email to Mr Brown of the 14th of December 2009.

164. On the 5th of January 2010 at my disciplinary hearing Mike Brown told me that he
had received my Formal Grievance letter of the 4th of January 2010, but that he had not
fully read it. He proposed that this disciplinary hearing be held in tandem with my Formal
Grievance Hearing. I asked my Bectu representative Willie Lesslie, who had also not fully
read my Grievance letter, what he advised. Mr Lesslie advised that running the two hearings
in tandem was sensible. On this advice I agreed, although unsure as to the ramifications.

165. I spoke at length in this meeting about Bruce Tugby’s false investigation into the
events of July the 4th 2009; the burying of witness statements; the burying of my letter to
management of the 28th of July 2009; Andy Hall’s falsification of notes; Andy Hall’s reply
to Carlos Cruz’s Formal Grievance following a pre-determined path; the fact that I saw no
reason not to write my letters to Nick Starr and Andrew Lloyd Webber given the situation at
 the New London Theatre; and many issues concerning the corrupt manner in which Really
Useful Theatre Group management had proceeded throughout. When I referred to the police
Mr Brown asked me what the police had advised. I said the police had told me to await the
outcome of the investigation initiated by Mike Brown on the 24th of November 2009. I
stated that now his investigation was over I should contact them.

166. Mr Brown became very nervous and said that his investigation was not over, that my
disciplinary was part of his investigation. That seemed a very odd procedure to me. I asked
Mr Brown to specify what laws I had broken, and to be more specific on the charges against
me, to tell me what things I had said that were malicious and untrue, and to whom . He told
me he would give further details at some later point. I told Mike Brown that I had a legal
right to work in safe conditions and that management had deprived me of that right through
their inaction on my complaints. When questioned as to the propriety of recording Bruce
Tugby I said that what was most important was what the recordings reveal was said at those
meetings, that Bruce Tugby had full knowledge that Carlos Cruz and I were in danger weeks
before the attack upon Carlos Cruz, that they were racist and drunk.. I made clear to Mr
Brown that I was not a malicious liar, that I had reported these matters to the police and that
if I was a liar I should be arrested, indeed that I would wish to be arrested.

167. I told Mike Brown that I was aware that on the day that Mike Brown had told me that
there was to be a full and impartial investigation into the claims that I had made in my
correspondence with Nick Starr, that Andy Hall had contacted Carlos Cruz with the aim to
securing Carlos Cruz’s signature to a Compromise Agreement. Mike Brown said that that
Carlos Cruz had signed a confidential agreement so Mike Brown could not discuss that. I
told Mr Brown that we could discuss it in court. I made a covert recording of this meeting
for the same reasons as previously. The minutes produced by the Respondent are at pages
356-363 Vol 1 of the Bundle .

168. On Thursday the 7th of January 2010 Willie Lesslie of Bectu telephoned me to make
an offer from the Really Useful Theatre Group of a Compromise Agreement. He said it was
“in the ball-park” of the amount given to Carlos Cruz, a sum of £20,000. I was non-
committal and asked for any offer to be made in writing.
169. On the 14th of January 2010 I received written confirmation of this offer from Mike
Brown of the Really Useful Theatre Group in a “without prejudice” letter [pages ]. I do
not believe that the letter was truly without prejudice as I had at that stage not raised any
claims against the Respondent or indeed suggested that I would. Mr Brown states in this
letter “You have been aware of my offer for a week without making any attempt to enter into
discussion or negotiation. I will withdraw the offer at 5:00pm tomorrow if you, or your
BECTU representative, have not contacted me by then.”

170. On the 14th of January 2010 I received a text from the Actress Rachel Leonard saying
“ Hi Leon – Happy New Year! Well, your news of continued stress is very sad. I know you
have always fought diligently for principles. I admire that. However, I wonder if you have
already fought+achieved enough in this case. You have alerted the company+union to all
worrying matters there. I believe they have heard you+taken you seriously . ( 20,000 sounds
serious to me, anyway) Perhaps you have to trust that your words of concern will continue to
resonate with those who make changes over time. I think the problems of the industry do not
rest on your shoulders alone. You have certainly done a huge amount already. Perhaps now
some money to do something wonderful for yourself, and get away from the mire of The
New London is n bad thing? Of course I don't know all the details. These are just my
thoughts from afar. I wish you the very best always. Good luck Honey. x Rachel”.

171. On the 15th of January 2010 at 3:10pm I sent an email to Mr Brown in reply to his
offer of the 14th of January 2010 in which I state ‘It gives me much to think about. I hope
you will understand that it will take me time to read, digest and consider your proposal”
[pages ]. I requested a further week to think things over.

172. On the 15th of January 2010 at 6:17pm Mike Brown sent a reply to my email of that
day, again marked “without prejudice” and forwarded to Andy Hall and Howard Witts [page
]. In the attached letter Mr Brown states “I am glad that you are seriously considering our
proposal”. Mr Brown goes on to state “The Company must find a resolution to this situation
one way or the other without further delay, and I therefore regret that I am not able to extend
the deadline for acceptance of the Company’s offer for as long as you have requested.
However, in order to allow some additional time and also to facilitate swift closure of this
matter, I am prepared to raise the amount offered from £20,000 to £25,000 subject to the
 Company receiving a copy of the Compromise Agreement signed by you and your advisor
before 5:00pm on Tuesday 19 January 2010”. Mr Brown states further “This offer will not
be increased and the deadline will not be further extended”. A copy of the Compromise
Agreement [pages ] was also attached to this email.

173. On the 18th of January 2010, while collecting my wages at the Really Useful Theatre
Group’s Tower Street offices, Mr Brown attempted to pressure me into going into a meeting
room with him and signing the Compromise Agreement there and then. I told Mr Brown that
it was not appropriate to discuss this matter at this point and that he would have my answer
the following day.

174. On the 19th of January 2010 at 3:33pm I sent an email to Mr Brown declining his
offer of a compromise agreement [pages ]. I state “what is paramount for me in this matter
is that the issues and complaints that both Carlos Cruz and myself raised with Really Useful
Group Management be fully, faithfully and objectively investigated, with the appropriate
actions being taken against those who have committed the abuses that we have reported”. I
also state “There should be no allowance in the workplace for Racism, Bullying,
Harassment, Drunkenness, Woeful Health & Safety Standards, Intent to Harm, Violence,
Victimization or the general lack of professionalism exhibited backstage at the New London
Theatre”. I state further “Your claim that I am a malicious liar must be fully withdrawn, and
justice must be done. Only in this will I be satisfied”.

175. On the 19th of January 2010 at 5:40pm I received an email from Mr Brown with an
attached letter informing me of my summary dismissal as of that day, without notice or pay
in lieu of notice [pages 367-369 Vol 1 ]. Mr Brown dismissed all of my complaints, denied
that the actors had said things that they had said to me (without specifying which statements
were referred to), denied any pre-determination in the Really Useful Theatre Group
investigations, finds me at fault for contacting Nick Starr and Lord Andrew Lloyd Webber,
finds me at fault for recording Bruce Tugby, and states “In conclusion, I have formed the
view that very many of your beliefs, even if sincerely held, are entirely mistaken and that
your own behaviour and actions have breached your common law duties of mutual trust and
confidence, fidelity and confidentiality”. I was given the right to appeal to Howard Witts,
Finance Director. Also attached to this letter were the notes to my January 5th 2010
 Disciplinary hearing (which were not faithful) [pages 356- 363 Vol 1], and Mr Brown’s letter
to me of the 21st of December 2009 [pages 262-263 Vol 1 ]. I received a hard copy by
motorcycle courier the same day.

176. On the 22nd of January 2010 I sent an email to Howard Witts, Finance director of the
Really Useful Theatre Group appealing against my dismissal [page 372 Vol 1 ]. I state “I
wish to appeal against the decision that has been made because, due to the falsification of
documents, the concealment of statements, notes and evidence on behalf of the Really
Useful Theatres Limited, including the falsification of the notes of my disciplinary meeting
with Mr Brown on January 5th 2010, I have been Unlawfully and Wrongfully dismissed. In
addition, because I have been dismissed in the course of my attempts to assert the Legal and
Statutory Rights of both myself and others, I have been Unfairly dismissed”.

177. On the 26th of January 2010 I received from Mr Howard Witts an email
acknowledging my email of the 22nd of January and inviting me to an appeal hearing with
him on the 10th of February 2010 [page 374 Vol 1 ].

178. On the 1st of February 2010 I wrote an email to Mr Brown in reference to my Formal
Grievance letter of the 4th of January [page 375 Vol 1 ]. I state that I had been informed by
both ACAS and by the Citizen’s Advice Centre that a formal reply to my Formal Grievance
letter was due, in line with correct procedure. I had received no such reply. I requested that
the appropriate reply to my Formal Grievance letter of the 4th of January be sent as soon as
possible. I also made objection to the notes of my disciplinary meeting of the 5th of January
2009, stating “These notes are not a faithful record of that meeting”.

179. On the 3rd of February 2010 I received a reply from Mr Brown to my email of the
1st of February, stating “I think I have been clear in saying that I have not upheld your
grievance points” [page 376 Vol 1 ]. Mr Brown states further in this email “An extraordinary
amount of management time and effort has been spent in assimilating and trying to
understand and investigate your viewpoint and that of your former colleague. In coming to
my decision to dismiss you I carefully reviewed all of this (including your most recent
grievance points) in a spirit of open-mindedness”. Mr Brown states “In summary, you have
been given every reasonable opportunity to express your views - and, in the end, I believe I
 have given my decision embracing all the relevant points whether discipline or grievance
related”. I did not receive a formal reply to my Formal Grievance letter.

180. On the 5th of February I sent a reply to Mr Witts’s email to me of the 26th of January
2010 confirming that I would be attending the appeal hearing on the 10th of February with
Willie Lesslie of Bectu as my representative [page 377 Vol 1 ]. I state “I look forward to a
full discussion of all the issues involved”.

181. On the 10th of February I met with Mr Howard Witts for my appeal hearing with my
Bectu representative Mr Lesslie in attendance. I denied to Mr Witts that I was a malicious
liar and stated that, since I had sent my report to the police, if I had lied to the police I
should be arrested. I made clear to Mr Witts that my dismissal was unlawful because I had
been standing for the statutory right of myself and others to be safe at work in all my
complaints. I told Mr Witts that drunkenness at work, racism at work, Health and Safety
abuses, harassment, bullying, violence and management cover-up of all of these matters
were unlawful.

182. When Mr Witts questioned me about breaking the company’s whistle-blowing policy
I told him that the company’s whistle-blowing policy did not apply in a case like this where
unlawful acts were being committed and the management were involved in a cover-up of
these matters. I told Mr Witts that trust was a two way process, and that the management, in
covering up unlawful acts and burying my complaints, had broken their duty of trust towards
me. When Mr Witts told me that Eddie Hardin had now been dismissed, I asked Mr Witts if
he also had been bought off by the Really Useful Theatre Group, but Mr Witts denied this.
Mr Witts said that Eddie Hardin was dismissed because he had admitted to fighting with
Carlos Cruz on the 4th of July 2009. Since Eddie Hardin had admitted that on the 4th of July
itself I could not see why it had taken so long to reach the decision to dismiss him.

183. I told Mr Witts that the obvious disparity between my transcript of the 4th of August
2009 meeting with Andy Hall and Carlos Cruz and Mr Hall’s notes to that meeting were
clear evidence that the whole of Mr Hall’s investigation was unsound and that his
summation was therefore unsound. I told Mr Witts that I had not acted towards the Really
Useful Theatre Group with malice, but was attempting to save the Really Useful Theatre
 Group from its own corrupt management who were in danger of bringing the company into
disrepute. I told Mr Witts that the key to this whole matter was my letter to management of
the 28th of July 2009 and the fact that, despite receiving multiple copies of this letter, the
Really Useful Theatre Group had never replied to it. I told Mr Witts that it was not too late
for the Really Useful Theatre Group to do the right thing in regards to this whole affair, and
that I hoped that someone in the company had the wisdom to see this. I made a covert
recording of this meeting for the same reasons as previously.

184. On the 23rd of February 2010 I received an email from Howard Witts stating that due
to “the relative complexity of the matters relating to your case - and so that I can properly
investigate the issues you have raised - I am pursuing some further lines of enquiry before
coming to my decision” [page 386 Vol 1 ]. Mr Witts states that he will realistically need until
the 5th of March to come to “finish the process”.

185. On the 24th of February I replied to Mr Witts’ email of the 23rd of February stating
“I have no objection to your need for more time in which to undertake your investigation
into matters relating to my case. It is in everyone’s interests that your decision be as
informed as possible” [page 386 Vol 1 ]. I reminded Mr Witts that I still had not received a
separate formal reply to my Formal Grievance letter of the 4th of January, and requested that
the notes of my appeal hearing of the 10th of February be sent as soon as possible.

186. On the 5th of March 2010 I received an email from Mr Witts giving the outcome of
my appeal against dismissal [pages 387-391 Vol 1 ]. Mr Witts states “I have concluded that
the decision to dismiss you was the correct one in all the circumstances”. Mr Witts states “I
also agree with Mike Brown that you appear to regard your version of events as “true” and
anyone who disagrees with you as “false”. This lack of objectivity has, in my view, led you
to see your grievances as a campaign or mission against many of the Company’s managers
and employees”. Mr Witts upheld Mr Brown’s decision on all points, my appeal was
therefore not upheld and there was no further right of appeal available to me. Mr Witts also
attached the notes to the 10th of February appeal hearing to this email [pages 378-385 Vol
1 ]. He sent me no reply to my Formal Grievance letter as requested..

187. Following the disclosures I made to Bruce Tugby and subsequently other managers, I
 faced a campaign of isolation and endangerment. I was put at risk each night at work. There
were numerous “accidents” that could have seriously injured me. The worst thing was that I
knew I had no-one to go to. Once Carlos was suspended, I was on my own. I was unable to
sleep because of the stress. I had heart palpitations on more than one occasion. I dreaded
going into work because I didn’t know what the evening would have in store for me.

188. Following my dismissal, I made several applications to other theatres for work as
stage crew . I was able to find some work on a casual basis at Sadler’s Well. I am on a zero
hours’ contract and am called from time to time to work on productions at Sadler’s Wells
and at the Peacock. I was also invited to the casual induction session at the Royal Opera
House. Although I completed the induction, I have had no work from there so far. I have
also been in receipt of Jobseekers Allowance and Housing Benefit. However, I have been
unable to find any permanent full time work. My contract with the Respondent was due to
last for the duration of the “Warhorse” production. The production is currently booking
through to February 2012. I would therefore expect to have still been employed until at least
then.

STATEMENT OF TRUTH:

I believe that the facts stated in this witness statement are true.

Signed:

Name: Leon Donnelly

Dated:

Our ref: LOUISET/D046850001/Donnelly