An Open Post to Former Agents of Landau Zeffertt Weir Solicitors LLP
On 22 October 2013, US citizen and sponsored Tier 2 visa worker Steven D. Kalavity (SDK) formally engaged Philip Landau, then with Landau Zeffertt Weir Solicitors (LZW), a London, England employment law firm. LZW was contacted to advise on a settlement agreement that had been proffered by SDKs employer, PGS Exploration (UK) Limited, 4 The Heights, Weybridge, Surrey, KT13 0NY, England, on 10 October 2013. Since this date, SDK has felt like a man convicted for a crime that he never committed. It has been hell! After months of terrible workplace mobbing abuse by his employer, SDK sought redress through his proceeding through the legally and contractually guaranteed grievance process. However, LZW decided not represent the interests of client SDK, but instead aid the abusers. (SDK could have never even imagined such evil back then.) The LZW agents who SDK communicated with directly and principally facilitated the confidence fraud were Philip Landau and Holly Rushton (now Holly Hobson) who were professionally engaged as SDKs counsel through the eventual signing of a termination settlement contract agreement 5 December 2013 (10 October – 5 December 2013) [SCA]. The reason that SDK is able to publish articles disparaging his former counsel and employer is because the rendered SCA advised on by LZWs Landau – Hobson (Rushton) is an illegal contract supported by defamatory forged instruments. The conspirators were publicly exposed years ago (3 July 2015). Landau and Hobson have never advised that the online publications cease or denied accusations that they participated in a criminal conspiracy to defame and defraud their client. Landau and Hobson have remained silent. This is the main reason that justice has alluded SDK is because he never really ever had legal counsel representing his interests.
The voice of the lawyers involved with negotiating the actual terms and conditions of my termination were Philip Landau, from Landau Zeffertt Weir Solicitors LLP, representing me and Watson, Farley & Williams (WFW) which was enlisted by PGSUK. Every single one of these named individuals has a voice, access to legal counsel, and the capacity to respond and to clarify any of the issues brought-up in my posts. The base argument is that no settlement agreement contract can be applied to supersede the legal provisions afforded to each data subject through the UK Data Protection Act 1998 (DPA). The DPA does not allow inaccurate subject data to be fraudulently processed by a data controller, e.g., PGS. My contention, however, is that the aforementioned actors – and likely several others – have indeed conspired to accomplish just that.
Petroleum Geo-Services (PGS) Mob Gaslighting (22 June 2016)
Communications between SDK and Landau began on 10 October 2013. SDK had delivered a formal grievance to parent company, Petroleum Geo-Services (PGS) management on 20 September 2013 to initiate the formal grievance process. The grievance was prompted by an ambush meeting that occurred on 13 June 2013. SDK had wanted to submit a grievance directly following that ambush meeting, but was obstructed from doing so. PGS refused to provide minutes, or any firm record, of that meeting to SDK as a basis for the grievance. Eventually, on 24 July 2013, PGS delivered, through PGS UK HR Manager, David Nicholson, a letter, Investigation for possible implementation of a Performance Improvement Plan. This ambush letter instead became the referenced basis for the grievance submitted 20 September 2020. The grievance had alleged the abuse of position, bullying / harassment, discrimination, and defamation of SDK mostly by three principals: David Nicholson, PGS UK HR Manager, Edward von Abendorff, SDKs supervisor and Simon Cather, von Abendorff’s boss. A grievance hearing had been scheduled for 14 October 2013. On 10 October 2013 a termination settlement was proffered by the accused PGS perpetrator, Nicholson, to stop the grievance process, which SDK rejected. Following this, SDK did some online research, discovered and then contacted Landau / LZW.
In October 2014, I contacted Nicholson and Haswell to submit my SAR to PGS Exploration UK Limited. I contacted Landau, just so he would be aware. I also contacted Bjølseth. There was a brief acknowledgement from Landau. Bjølseth basically confirmed and approved that Nicholson et. al would address my SAR. I made it clear that I had many disagreements about my held subject data with the ICO caseworker, as well as with Nicholson and Haswell. The communications with PGS ended in late December 2014. Readers must understand that I knew immediately upon receiving my SAR data that something was awry.
Petroleum Geo-Services (PGS) Mob Values (14 June 2016)
Landau immediately recommended that an “enhanced” settlement agreement be sought, rather than continuing to proceed through the Company grievance procedures through conclusion and then possible appeal. SDK was motivated to extricate himself and his family from the health-harming work environment. However, SDK obviously wanted to do so with the most favorable financial and professional terms possible with his reputation and dignity intact. As a US citizen foreign worker, SDK had no ties nor interest in any prolonged battle or remaining in England. Reluctant to abandon the grievance procedures process, SDK paid Landau to negotiate the most favorable exit that he could, based on his experience and knowledge of UK employment law. SDK finally did act and place his confidence in Landau’s advice to negotiate the “enhanced” termination settlement agreement. Landau was assisted by lawyer Holly Rushton (now Holly Hobson). PGS enlisted the services of law firm Watson Farley & Williams lawyer Rhodri Thomas. On 1 November 2013 settlement discussion began. An agreement was signed 5 December 2013. SDK was placed on garden leave from 5 – 31 December 2013 and did not return to PGS offices. SDK felt that the garden leave and isolation from office acquaintances was disparaging, especially around the holiday season, but PGS offered to pay an additional month salary if SDK agreed. SDK would have never agreed to such terms and conditions if he lived in England and not been a sponsored foreign worker. SDK and family departed England to the USA on 24 December 2013 never completely satisfied with the outcome, but out of harms way. Or so SDK hoped and believed at the time.
following the initial settlement proffered by one of the perpetrators which SDK rejected.
Diligence, Negligence, and Gross Negligence
Through a network of bribed and corrupt lawyers / solicitors and human resources personnel justice have perverted the course of justice and denied their victim of violent crimes an opportunity to fight back. PGS, along with their contracted counsel WFW plus LZWs crucial assistance formed an illegal termination settlement contract through gaslighting lies and manipulation. The abuse of SDK and his family has continued through their illegal silence. PGS, LZW and WFW fraud, defamation (blacklisting), harassment and abuse has never ceased. Once in the USA, in October 2014, SDK submitted a subject access request (SAR) citing the UK Data Protection Act 1998 (DPA) to receive copies of SDK personal data that PGS was processing. This included SDKs PGS professional personnel file and several other e-mails. (Landau was made aware that an SAR was submitted. ) The documents processed within SDKs PGS personnel file bore no subject SDK signature and were inaccurate and defamatory. SDK sent several complaints to both PGS as well as the Information Commissioner’s Office (ICO) in charge of DPA compliance. On 22 December 2014, PGS sent by e-mail and post mail a letter signed/endorsed by Nicholson “clarifying” issues that SDK had discovered following the receipt of data that PGS was processing as SDKs personal data (extortion letter).
PGS did concede to amend SDKs personnel file documents by including one 5 December 2014 complaint e-mail into SDKs PGS personnel file, but threatened legal action if SDK continued his questioning of the false instruments PGS had already illegally processed. In spite of the double-speak within the extortion letter, placing the 5 December 2014 e-mail highlighting issues with the contents of SDKs personnel file was an amendment/change of SDKs personal data after the fact. PGS essentially acknowledged that PGS, WFW and LZW had processed inaccurate personal data and their solution was to correct it. This was also an acknowledgement that PGS, WFW and LZW has all conspired to defraud SDK. As a condition of signing the termination settlement agreement, PGS, WFW and LZW promised that the contents would be true and accurate. PGS, WFW and LZW all gaslighted to induce SDK to sign the phony contract. Obviously, LZW participation in the fraud was pivotal to its “success.” Records with no subject counter-signature cannot be verified for accuracy and would not be considered legal documents, except within this criminal conspiracy including corrupt lawyers and human resources employee’s. Most documents are signed solely by accused harasser and defamer Nicholson!
PGS did not address that their concession to amend SDKs personal data meant that inaccurate/false personal data had been used to process the termination settlement agreement (fraud). Nevertheless, ICO was and has remained satisfied with this “solution.”
A formal grievance had been delivered to parent company, Petroleum Geo-Services (PGS) management on 20 September 2013 and a hearing had been scheduled for 14 October 2013. Landau recommended immediately recommended that he advise on negotiating an “enhanced” settlement agreement (payment) and discontinue the grievance process. Landau was assisted by lawyer Holly Rushton (now Hobson). PGS enlisted the services of law firm Watson Farley & Williams lawyer Rhodri Thomas. On 1 November 2013 settlement discussion began. An agreement was signed 5 December 2013. SDK was placed on garden leave from 5 – 31 December 2013 and did not return to PGS offices. SDK and family departed England 24 December 2013.
Because of the binding nature of settlement contracts, there was little more that SDK could do, even though the entire purpose of DPA is to ensure correct data is processed for data subjects. In July 2015, SDK published some of these issues online the LinkedIN™ Pulse platform expecting that the Confidentiality clauses would invoke some response (legal action) from PGS. Nothing happened. In August 2015, SDK submitted a report to UK ActionFraud (police). Neither ICO nor the police, to date, have ever thoroughly investigated SDK, claims. From September 2015 through August 2016, SDK published several more articles on LinkedIN™. SDK sent several complaints to PGS Compliance Hotline which were never answered. SDK also submitted several comments on the PGS LinkedIN™ space . These complaints were deleted. SDK even contacted Landau. Landau and Hobson (Rushton) were now with Landau Law. Landau and Hobson have never commented, but have essentially aided PGS in maintaining the false narrative. SDK believes that this silence and failure to clarify SDKs position is itself fraudulent and perverts the course of justice. It also confirms that Landau -Hobson were principle actors in the execution of a confidence fraud against their client. SDK, a USA citizen. SDK was denied due process under English law and contract. SDK was then sent back to the USA out of reach of English justice. This punctuates the claim of discrimination made against PGS. SDKs US citizenship made him vulnerable to such a confidence fraud.
Several e-mails between SDK and Landau-Hobson from 10 October 2013 – 5 December 2013 confirm that PGS is processing inaccurate defamatory data as SDKs personal data.orwegian company Petroleum Geo-Services (PGS) illegally harassed and discriminated against a US citizen foreign worker whistleblower. To avoid accountability for their violent crimes against US-Thai citizens under their contractual Duty of Care, they bribed lawyers, Philip Landau and Holly Hobson (Rushton) to defraud and professionally blacklist their client, Steven Kalavity (SDK). On 22 October 2013, Philip Landua, then with Landau Zeffert and Wier Solicitors (LZW) was paid money and formally engaged to represent SDK. (LZW later became Landau Law to scrub evidence and launder the bribe money.) SDK was sponsored to work in England by PGS’ subsidiary in England, PGS Exploration (UK) Limited, 4 The Heights, Brooklands, Weybridge, Surrey, KT13 0NY. The criminal conspiracy to defraud foreign worker whistleblower, SDK, was only successful because SDK was a foreigner. Through bribing SDKs counsel, SDK was effectively denied his legal due process. Everything that I am writing can be confirmed or denied by Landau and Hobson. Landau and Hobson silence is fraud. Every question asked of PGS through the subject access request (SAR) sent to PGS October 2014 should have been confirmed by Landau and Hobson. However, since Landau and Hobson were indispensable actors in the criminal conspiracy confidence fraud, they have never come to the aid of their former client. They have allowed SDK to be defamed and defrauded. Landau and Hobson have been accused of criminal acts formally since 2016. Neither has ever protested their innocence. So, why doesn’t UK ActionFraud (police) arrest them when they have never denied that they are criminals. The evidence that SDK has posted online since 3 July 2015 is irrefutable. But, it seems Sherlock Holmes inquisitiveness is only the thing of fiction in the UK.
Equinor should have addressed ‘significant’ problems in U.S. sooner -chairman (9 October 2020) – Norway covers-up their corruption and the PWC audit is meaningless. The same board that allowed the poor investments also selected Reinhadsen to be Chairman
SDK was a foreign worker in a foreign land under significant stress from the hostile work environment. The health and well-being of SDK and his family were continually jeopardized by the illegal workplace behaviors, continual lies and gaslighting. Things came to a head 13 June 2013 when SDK entered into an ambush meeting hosted by HR Manager, David Nicholson and attended by SDKs supervisor, Edward von Abendorff and his supervisor, Simon Cather. An ambush meeting is essentially when corrupt managers abuse their power and without legal license nor evidence threaten a hapless target of illegal harassment and discrimination livelihood and defame them. Following this meeting, SDK requested minutes of the meeting so that he could invoke his legal right under law and contract to submit a grievance. The trio of criminals, Nicholson, Cather, and von Abendorff breached SDKs contract and perverted the course of justice by obstructing this legal right under law and contract. SDK needed something in writing since minutes of the illegal ambush meeting were withheld. Eventually, Nicholson signed and delivered an illegal letter on behalf of the Company on 24 July 2013 that similarly threatened and defamed SDK. The trio of criminal cowards wanted to escape all responsibility for their illegal behavior and PGS upper management aided and abetted in the fraud and defamation of a foreign worker whistleblower.
SDK did not work directly for Nicholson. Further, since the requested grievance regarded the meeting that Nicholson hosted and participated in, he would not have any qualified privilege. Similarly, the directors and secretary of PGSUK, Jon Erik Reinhardsen, Gottfred Langseth, Christin Steen-Nilsen and Candida Pinto also held no direct knowledge of my work and also held no qualified privilege. They abused their power to intimidate their target of violent health harming harassment through endorsing an illegal and defamatory letter that they ultimately would be accountable. The letters subject line, Investigation for Possible Implementation of a Performance Improvement Plan was strategically named to obstruct SDKs legal and contractual right to submit a grievance which would have obviously revealed PGS breach of contract and defamation. The ambush letter scheduled a meeting for 11 September 2013. SDK had made his intentions clear that he intended to respond to the ambush letter with a grievance. PGS continued to illegally obstruct SDKs legal and contractual right under law and contract to submit a grievance. PGS never aided in the submission process as they are supposed to do. The 11 September 2013 meeting was rescheduled for 20 September 2013. On 13 September 2013, Pinto resigned as PGSUK secretary and Carl Richards assumed the role. From 24 July 2013 SDK had requested co-worker John Barnard to be his witness through the grievance process. Again, Nicholson made several attempts to obstruct the grievance process. However, on 20 September 2013 there was a meeting. PGS never provided any investigation report at the meeting. SDK delivered the grievance during the short meeting.
Again, PGS delayed. Nicholson was a named subject of the grievance citing bullying, harassment, and other contractual duty of care breaches (Health and Safety Act 1974), discrimination (Equality Act 2010), based on SDKs nationality protected class. Nicholson continued to be allowed to direct – or obstruct – SDKs legal grievance process. A meeting / hearing was scheduled for 14 October 2013. However, Nicholson – a named perpetrator within the grievance – proffered a settlement agreement 10 October 2013 stop SDKs legally guaranteed grievance process. SDK did not accept the settlement offer, but did decide to seek legal advice and came across Philip Landau. Landau immediately recommended seeking an “enhanced settlement.” Email records show that Landau (and Hobson) were provided with both a summary of the grievance as well as the grievance document with names redacted. Landau never requested a copy of the employment contract, which was predicated on my Tier 2 visa sponsorship and also included reference to the disciplinary and grievance processes contained within the employee Handbook. (This would mean not following the grievance procedures would be a breach of contract.) The grievance hearing occurred on 14 October 2013 by video conference with myself and Barnard in England and Cather’s superior, Per Arild Reksnes, and Nicholson’s superior, Terje Bjolseth both in Norway. No minutes or decision from that meeting was ever provided to SDK. Impatient, on 22 October 2013, SDK officially engaged Landau to represent and advise in the grievance – settlement process. PGS had never provided any Performance Improvement Plan, only the grievance process was officially initiated.
I have signed a settlement agreement, or “NDA”. Can I take my story to the media?
In most cases, no. If you have signed a valid settlement agreement containing a confidentiality clause this would usually be sufficient to stop you from taking a story to the media. It is possible (and likely) that your ex-employer could sue you for breach of contract and significant damages if you did so.
However, as mentioned above, a settlement agreement cannot prevent you from reporting crime to the police, whistleblowing to an appropriate authority (for example a regulator), or reporting anything that had not yet happened at the time you signed the settlement agreement, for example if you have stayed with your employer and the harassment has continued.
If you are concerned about the validity or enforceability of a settlement agreement you have signed, you should seek legal advice before taking any further steps.
LANDAU LAW SOLICITORS
Settlement agreements are not legally effective unless the employee has received independent legal advice about it.
Ben Kelly lawyer DTN PGS Watson Farley Williams
Settlement agreement discussions and section 111A of the ERA 1996
Section 111A of the ERA 1996 provides that offers to end the employment relationship on agreed terms (i.e. under a settlement agreement) can be made on a confidential basis which means that they cannot be used as evidence in an unfair dismissal claim to an employment tribunal.
Claims that relate to an automatically unfair reason for dismissal such as whistleblowing, union membership or asserting a statutory right are not covered by the confidentiality provisions set out in section 111A.
Neither are claims made on grounds other than unfair dismissal, such as claims of discrimination, harassment, victimisation or other behaviour prohibited by the Equality Act 2010, or claims relating to breach of contract or wrongful dismissal.
Acas Code of Practice on settlement agreements
