If an undertaking given in 2002, had not been in place, how would we have perceived ConvaTec’s compliance record?
As it concealed wrongdoing, was the undertaking even legal or enforceable?
Wanted, a solicitor who can advise on the above. And yes, it does matter in 2026.
Jim.lynchehaun@hotmail.co.uk
My employment at ConvaTec
I worked for ConvaTec between 1989 and 2000. At the time ConvaTec was a division of Bristol-Myers Squibb. During my employment I raised concerns about Health & Safety issues and other matters to both ConvaTec and the Bristol-Myers Squibb Ombudsman. At one point I made a written comment about machinery in my department which included a reference to "blowing up" a machine. My comment was intended as an expression of frustration. I did not intend it as a threat to commit an act of terrorism. I subsequently became concerned that this comment, together with my criticism of the company and an email I sent to a senior Bristol-Myers Squibb executive questioning the reasons being given for a restructuring, had resulted in matters being reported to the authorities. I have never been a terrorist and have never knowingly engaged in terrorism. Nevertheless, I came to believe that my employment dispute had developed into something considerably more serious. In fact, MI5/6 serious!!
Chronology
1989, I went to work at ConvaTec, Unit 33, Deeside, as a technician, maintaining packaging machines. I was recruited following a spell as a contractor.
1998/1999, Unit 33, ConvaTec finally dealt with a problem that had been known to the maintenance staff for at least five years, on the Multivac packaging machine.
I left ConvaTec in December 2000, following a cost-cutting restructuring. My post was filled within three months.
I received an email from Leon de Costa on the day I left ConvaTec.
Early 2001, approached ACAS to mediate. Their man refused to meet me.
In early 2001 I consulted Eversheds solicitors, Manchester. As I recall, they charged me for copying all my paperwork in relation to my employment. They advised me I didn’t have a case for constructive dismissal against ConvaTec.
I took ConvaTec to an employment tribunal representing myself. I lost the case.
In late 2001, I worked at West Kirby Grammar School for Girls as an IT technician. At no time was I challenged about my security status.
November 2001, Thomas J Pickard, Deputy Director, retires from FBI.
Christmas 2001, I was subjected to severe gaslighting on a trip to Barbados. Mental health problems followed.
January 2002, Thomas J Pickard joins Bristol-Myers Squibb.
In 2002, I published legalrights.co.uk. Eversheds who advised me in early 2001 now represented ConvaTec on the same matter against me. Under threat of legal action, I signed an undertaking prepared by Eversheds on ConvaTec’s instruction, to take down the website.
Again in 2002, I intended to provide information to the Food and Drug Administration, the undertaking prevented me from doing so.
About 2003 I wrote to the Bristol-Myers Squibb Ombudsman. The Ombudsman denied having had any contact from me, but in an email, told me she considered all matters relating to my employment closed, following the determination of the UK employment tribunal and me signing the undertaking. I wasn’t happy but my contract of employment was with ConvaTec, not Bristol-Myers Squibb.
August 2008, Bristol-Myers Squibb disposed of ConvaTec to Nordic Capital and Avista Capital Partners.
2011, I approached ConvaTec through Eversheds to ask ConvaTec to release me from the undertaking. ConvaTec refused. Did they believe I would disclose the Multivac problem, which I believe they knew about in 1998/9?
October 2016, ConvaTec floated on the London Stock Exchange.
2023, The last year I believe I was under surveillance by the security services.
September 23rd 2026, I contacted the ConvaTec General Counsel with a request to release me from the undertaking. No response.
September 25th 2026, I contacted ConvaTec’s current solicitors, Freshfields Solicitors London, to ask them, to ask ConvaTec to release me from the undertaking. No response.
September 25th 2026, I contacted Eversheds Sutherland, to ask for records relating to the advice Eversheds gave me in early 2001. I requested copies of invoices or emails but would accept a copy of an entry in a receipt/expense ledger. I indicated I would be willing to pay for the service. No response. November 2026, sent a follow up email.
From my last months of employment at ConvaTec until about 2023, agents or agencies, continued to monitor me; I am not aware of any surveillance since 2023. The whole saga raises questions that won’t go away. What follows is a more in-depth account and questions arising from the actions of ConvaTec, esettle, Bristol-Myers Squibb and Eversheds:
The Multivac
There was a long-standing problem with this machine, which I believe senior ConvaTec management new about in 1988/9; it had been known to Unit 33 engineering staff for at least five years prior to that, following the unauthorised, and I believe unvalidated, modification to the blister-forming station, outsourced by the Engineering Superintendent, at the request of the unit 33 Department Manager. In 1988/9, an engineer from ConvaTec Skillman, America, came over to inspect the machine, but was unwilling to discuss the matter with myself or other technicians.
Leon de Costa and eSettle
Back to me leaving ConvaTec. An unusual event occurred within an hour of me leaving employment. On the day I left ConvaTec, I was contacted by barrister Leon de Costa, who approached me concerning the possible purchase of a domain name that I owned, legalrights.co.uk I subsequently carried out an internet search and discovered that Mr de Costa was associated with Judicium and its online dispute-resolution service, eSettle. Contemporary material from around 2000–2001 establishes that eSettle was a genuine online dispute-resolution initiative operated by Judicium and that it was developing relationships with major insurance companies and law firms. I subsequently used the eSettle service to provide information to ConvaTec concerning my dispute with the company. At the time, I had no reason to understand why Mr de Costa had approached me about my domain name on the very day that my employment with ConvaTec ended.
Employment Tribunal
Following my departure from ConvaTec, I brought proceedings before an employment tribunal. During the proceedings I became concerned that my case had been interfered with. In particular, I received a telephone call on a number which I had not supplied to the tribunal. I reported this to my MP, Angela Eagle, who contacted the tribunal. I was subsequently informed that the number had been dialled randomly. I lost my case at the employment tribunal. I will not approach Parliament on the employment tribunal matter, as I understand MPs cannot interfere with judicial decisions. My concern is whether there was any improper activity surrounding the proceedings which has never been properly examined.
Barbados, Christmas 2001
I was subjected to severe gaslighting on a trip to Barbados. By chance, I travelled on the same day as Richard Reid, the shoe-bomber; due to my own stupidity, I feared being implicated in the investigation. I returned home from what should have been a two-week holiday, one week early, suffering acute anxiety. Despite the presence of a considerable number of security-type-individuals present, at least one an ex-FBI employee, I was never questioned or confronted on any security matter. I ended up on antidepressants after arriving home. Tony Blair was Prime Minister at this time. Jack Straw was Home Secretary, when the security services were active on my case in 2000/1. Jack Straw had been moved to the position of Foreign Secretary when the security services were active in Barbados. Both Tony Blair and Jack Straw, were referred to on the www.legalrights.co.uk website, that ConvaTec had me close down. They together with Health and Safety matters, as well as fraudulent use of company assets were included subjects. This is from memory; I accept there are omissions I have now forgoten about.
The legalrights.co.uk website and ConvaTec
Following my departure from ConvaTec, I established and published a website at: www.legalrights.co.uk The website contained statements concerning my experiences at ConvaTec and matters arising from my employment. I have now located a copy of the undertaking which I signed in connection with the closure of the website. The original undertaking, I believe, is with ConvaTec. The document is headed "UNDERTAKING" and states that it was given "in consideration of Convatec Limited not issuing proceedings" in respect of what ConvaTec described as false and/or disparaging comments contained on the website. The undertaking required me to:
immediately close the website and remove its contents from publication over the internet;
withdraw other publications containing statements of the type appearing on the website; and
not repeat, publish or disclose, verbally or in writing, the statements to which ConvaTec's complaint related, nor make any other statements of a false and/or disparaging nature concerning ConvaTec.
I signed the undertaking as J Lynchehaun. The document is dated 5 October 2002 and carries the reference MAN_002/482973-1.
Why the undertaking is significant
The undertaking provides documentary confirmation that ConvaTec Limited had made a formal complaint about the contents of my website and that legal proceedings were contemplated if the matter was not resolved. It also establishes an important date in the chronology: 5 October 2002. This is significant because it places the legalrights.co.uk dispute approximately two years after I left ConvaTec and after the period during which I say I was advised by Eversheds. I am particularly interested in establishing the circumstances surrounding the preparation of this undertaking, including:
which Eversheds solicitor prepared it;
who instructed Eversheds to act;
whether Eversheds was acting directly for ConvaTec Limited;
the date on which ConvaTec first complained about the website;
what specific statements ConvaTec alleged were false or disparaging;
whether correspondence exists between ConvaTec and Eversheds concerning the website;
and whether there is any connection between this matter and the earlier involvement of Leon de Costa/eSettle/Judicium.
A further question concerning Eversheds-Conflict of interest?
There is an additional issue which I believe warrants investigation. I was advised by Eversheds following my departure from ConvaTec in early 2001. I provided Eversheds with all manner of paperwork associated with my employment with ConvaTec ltd. My recollection is that Eversheds charged me for copying said paperwork. The undertaking concerning my website is dated 5 October 2002 and appears to have been prepared by Eversheds. It raises questions. I am not presently alleging that any solicitor or organisation acted improperly. I am seeking the original correspondence and other documentation so that the circumstances can be established from evidence rather than assumption.
Disclosure
2008, Bristol-Myers Squibb sold ConvaTec to Nordic Capital and Avista Capital Partners. Were the purchasers aware of my case, and of the undertaking?
Liability
Is there a continuing liability, and if so, who would bear that liablity? When Bristol-Myers Squibb sold ConvaTec, then the private equity companies later floated ConvaTec on the London Stock Market, did my complaint remain merely an historical employee grievance, or did it result in a liability, investigation, undertaking, settlement, remediation, environmental matter, employment matter or other continuing obligation which passed through the 2008 transaction and ultimately became a matter for the listed ConvaTec Group of today?
Finding a solicitor
October 2026, I am finding it colossally difficult to find a solicitor willing to act for me, but I shall continue to search. I understand how local solicitors will be restricted by conflict of interest considerations.
My Health
I have pleural plaques, Bronchiectasis and a nodule on my lungs. I am told it is as a result of asbestos exposure. There was no asbestos exposure at ConvaTec. 5th October 2026, a message from my doctor’s surgery told me my lung condition is stable. This was confirmed by a specialist on 8th October 2026.
When working at ConvaTec I was diagnosed as suffering from depression by the company doctor, after complaining of exposure to a mixture of heated solvents and glue. Due to the effect the gaslighting had on my mental health, I admit I did suffer depression following my trip to Barbados in 2001; I agreed to go on antidepressants. When I related my story to a NHS mental healthcare professional some time later, I was not believed but diagnosed as needing antipsychotic drugs. My doctor recommends I remain on both categories of drugs to this day. I had no mental health problems at all in my life before whistleblowing at ConvaTec in middle age.
A commercial matter
I believe there has been a massive cover up of market-sensitive information by agents and agencies. Possibly justified, possibly not!! Bristol-Myers Squibb have from day one dealt with the matter as a commercial one, with all that entails. I don’t propose to expand on the Bristol-Myers Squibb aspect of the matter, but will concentrate on the UK elements of the case.
Conclusion
Despite having no legal representation, I have arrived at the following conclusion: I believe the undertaking still has some legal standing in 2026. How much standing when relating to wrong doing and matters of public interest, we’ll probably find out sooner rather than later? I am looking for a firm of solicitors to advise whether it was legal and enforceable. Please contact me at jim.lynchehaun@hotmail.co.uk if you can help. I have refrained from making any further criticism of ConvaTec. This does not infer I believe that whistleblower laws were not broken at the time of the undertaking. There was no clause in the undertaking that said I could not disclose the existence of the undertaking itself, so I am happy to leave that in my account. I further believe, the disclosures I intended to make to the Food and Drug Administration in 2002 were in the public interest
James (Jim) Lynchehaun
