In this witness statement, Christophe Torres, the CEO of EXSTO UK LTD, summarizes his interactions with the claimant Mr. D Gardiner regarding grievances and resignation. Torres received letters of appeal from Gardiner in February 2011. Torres responded offering options to discuss the grievances further. They arranged a grievance meeting on March 9th where Torres investigated Gardiner's issues. Torres later sent Gardiner a letter explaining his decision and pointing out Gardiner needed a sick note to continue receiving pay. Gardiner resigned on February 28th but Torres asked him to reconsider.

1. In the Bristol Employment Tribunal Case No:1400500/2011
Between: -
Mr. D, GARDINER
Claimant
V
EXSTO UK LTD
1st
Respondent
Mr. J BAXEVANIDIS
2nd
Respondent
Mr. J M PENELON
3rd
Respondent
Witness statement of CHRISTOPHE TORRES
___________________________________________________________________
I Christophe Torres will say as follows: -
1. I am the Chief Executive Officer of the respondent company and I am based at
Avenue De la Deportation, Romans Cedex, France.
2. I received a letter from Mr. Gardiner dated 12/02/2011 entitled Appeal Letter.
He was appealing against the decision made at the first grievance meeting
held on the 20th
January 2011 and the answer to his second grievance which
was sent on the 9th
February 2011. (Page 113)
3. I answered by letter dated 18th
February. In this letter I firstly assured him that
his health and future recovery was our main priority and noted that he had
informed me that he was not fit to attend any meeting. This being so I
proposed three options either to deal with the matter by email and letter, or set
up a SKYPE conference call at his convenience or meet at a mutually agreed
and neutral location. I informed him that I would listen carefully to what he had
to say, ensure further investigation as necessary and for that reason I would
not be able to give a decision at the close of the meeting. I made it clear that
this would be the final stage in our grievance procedure. I also informed him
that he had the right to be accompanied by a fellow employee or trade Union
official. (Page 114)

2. 4. We arranged a grievance meeting on the 9th
March at 10.30am at Beechfield
House Hotel, Melksham.
5. Given my response I was surprised to be informed that he resigned on the 28th
February 2011 and in his email resignation he raised further new issues and
concerns. (Page 118)
6. I therefore wrote to him again on the 2nd
March asking him to reconsider his
decision to resign and informing him that as he had raised some new issues
that I would listen to his new grievances after the grievance appeal meeting at
11:30am on the 9th
March at Beechfield House. I reiterated his right to be
accompanied at both meetings. (Page 119)
7. The meeting took place as planned on the 9th
March. In addition to me and the
claimant also present was Mark Farrell accompanying the claimant, Karen
Giles who took the minutes and also to avoid any language
misunderstandings Cécile Camisa an interpreter. Minutes of the meeting
appear at Pages 120 to 123.
8. I investigated the claimant’s issues and wrote to him with a detailed
explanation of my decision to substantiate the decision of Mr. Penelon. (Pages
124 to 127)
9. I also sent him a letter concerning his expired sick note pointing out that we
could not pay SSP from the 12th
March without a sick note (Page 128). He
then produced a sick note signing him off for three months from 10th
March
2011 (Page 129)
10.On the 7th
April I received an email from the Claimant raising a query about his
appeal and also confirming his resignation (Page 130). I responded by email
dated 12th
April (Page 131-132) setting out my understanding.

3. 11.The claimant submitted another sick note dated 6th
June covering a further 3
months.
I make this statement in the belief that its contents are true and to the best of my
information and knowledge.
Signed ……………………………………..
Dated……………………………………….