To all this blog’s friends and supporters: thank you; and very best wishes for Christmas and the coming year

Phil Groom writes:

THIS BLOG would be nothing without you, its friends and supporters: thank you for all your encouragement over this past year.

In recognition of your support (and rather than add to humanity’s carbon footprint by sending out dozens of cards that will mostly end up in recycling bins anyway) I’ve done my usual and bought a goat from Farm Africa, and the good folk there have kindly attached a label to it for you:

Farm Africa Presents: A Goat

Click on through to farmafricapresents.org.uk and you’ll be able to watch a video that tells you all about Farm Africa’s work — and, I hope, you’ll be inspired, to buy a goat for someone else. Don’t worry if a goat’s not your thing: you can always send a beehive, a camel, a chicken or something more quirky such as a bottle of fermented cow’s urine.

• Find FARM Africa on facebook
• Follow @FARMAfrica on twitter

Cross posted with UKCBD Blog

Advertisement

Durham Cathedral Staff Tribunal Starts

Our thanks to Valiant For Truth for bringing to our attention that in The Journal Newspaper yesterday there was an article of great import to those who frequent this site,

Durham Cathedral Bookshop Staff Launch Legal Fight

This in many ways marks the official start of Durham Staff in their fight for Justice against the Brewer Brothers and their tactics of playing fast and loose with employment law and the rights of workers to be treated fairly and dismissed in a right way.

However Durham Cathedral itself via their trading arm are also in the dock as it were, again something that may not come as any great surprise to readers of this blog who have at times been dismayed, upset and hurt by some of the Cathedrals inactions and actions throughout the saga.

The article begins by saying:

CATHEDRAL bosses could become embroiled in a complex legal fight after bookshop staff launched tribunal proceedings.

Six workers at Durham Cathedral’s bookshop are seeking compensation after their employment was allegedly terminated when the shop unexpectedly closed on January 22 this year.

But confusion has arisen over who is potentially liable for any payouts and proceedings have been listed against several different companies, including the cathedral’s trading arm, Durham Cathedral Trading Ltd.

The article then goes on to say:

Miss Jeram, representing the Trust, (inserted clarification for blog readers – that’s SSGCT) said: “There are a number of uncertainties. There has been a great deal of confusion right from the beginning over their employer.

“The only issues can be who the employer was immediately prior to the closing of the bookshop and who the employer was at any time after that, in the period between January 22 and March 1.

“We’ve got to consider whether the claims should be struck out against the first respondent. At some point after June 2007 and before July 2008 it is my understanding that the Brewers attempted to wind up SSG LLC in Houston. After that time their employer could not have been SSG so it would have become the Durham Cathedral Shop Management Company.”

Claims against employers involve redundancy pay, unfair dismissal, breach of contract and unpaid work.

Sara Brody, representing the staff on behalf of shop workers union Usdaw at the hearing, argued the Trust should remain on the list of potential employers.

She said: “The claimants believe the Trust was their employer throughout, so their primary claim is against the Trust.”

Last year Durham cathedral bosses served SSG notice to vacate the shop, the last in the UK to be involved with the Trust, by May of this year.

Again these issues as raised are nothing new to anyone aquainted with this situation, previous tribunal actions and this blog.

So again we would ask that anyone who has any information, paperwork or correspondence of any sort that could help USDAW and the Durham staff to clear up the issue of employers please do get in touch with them directly.  Anything that demonstrates who people believed they were doing business with or indeed were doing business with during the time frames mentioned can all help in proving who the employers were and give credence to the staffs perception of employer, so please do get in touch with USDAW and offer your help to them in making sure justice is again done.

As always our thoughts are with those involved in this action and we hope for a swift and just outcome for the Staff at Durham.

Final Former-SPCK Bookshop Expels Philip Brewer: Durham Cathedral

Update 5th Feb 2010:

• Durham Cathedral News: The Cathedral Shop – A New Beginning

Reports Elsewhere

• David Keen: Durham Cathedral SPCK/SSG: the Last Post
• Durham Times: Staff jobs safe as cathedral shop closes down
• Bookseller: Durham Cathedral takes ownership of shop

Matt Wardman writes:

Today we have a victory: the last bookshop in the country to remain in control of J Mark and Philip Brewer, the Shyster-Charlatans who have taken hundreds of thousands of pounds from the chain, while abusing and exploiting staff, has been closed. It was in Durham Cathedral, and will soon be re-opened under proper control.

Durham Cathedral Sanctuary Knocker

Photo credit: Artiii on Flickr

This our most important milestone for some months, and we are pleased that Durham Cathedral have acted. As Dave Walker at the Church Time blog has put it:

The end of St Stephen the Great in the UK

The Durham Cathedral shop was the last remaining former SPCK bookshop run by the St Stephen the Great charity (SSG). SSG were given the bookshops by SPCK in 2006.

This is the full text of the notice at the Durham Cathedral website:

The Cathedral Shop temporary closure

The Shop which was managed by St Stephen the Great is now closed.

A new shop under the management of The Cathedral Chapter will open in due course.

Please check the Cathedral Website for the latest news.

(Posted on Friday 22nd January 2010)

No more comment yet, but we are all allowing oursleves to dance a small jig at this point.

However we are still watching, because there are the interests of the members of staff at stake here, and then there will be the small question of what sort of shop will be reopened.

Time to Speak out about Unpaid Brewer Debts

After our letters in the Church papers and The Bookseller last week, we have had some attention in the church and trade press for the tricks and fiddles which have been perpetrated on suppliers by organisations run by J Mark and Philip W Brewer.

In the past suppliers have nearly all kept quiet about how their invoices have just been left hanging for months, or how shops have continued selling the same stock under a new operating company, while the suppliers of the stock have been told to take their invoices away “to the old operator”.

J Mark Brewer’s sworn declaration to the Texas Court revealed £1m+ of unpaid debt from the period summer 2007 to summer 2008.

And yet in 2008 and 2009 a new generation of suppliers were being signed up, fiddled, and left high and dry by a new set of operating companies, with three, four or five figure invoices unpaid, even while the Charity Commission were investigating the previous generation of fiddles.

These are suppliers who are dealing with what they are being told is a “Christian Business”, and/or are part of the ecosystem around the Christian Bookshop trade. We are now focusing on this aspect of this saga.

We are calling on suppliers to write in to the Church Papers or the Bookseller between now and Christmas to outline what has happened, and how you have been treated.

We will be running some accounts and examples here as they come in too, and (we hope) have an interview or two and pass stories on to the media.

We do not think there will be another chance to do this.

Here’s the drill:

• Keep it short, sharp, snappy and factual. 100-200 words is enough.
• Make sure that your account is one you are willing to stand behind.
• We think that most of the Church papers have pulled or edited articles in response to Brewer threats in the past, so if you have controversial things to say, send it to The Bookseller.
• Cover who you are, what happened, what you are owed, and which business you were dealing with.
• If you really don’t want to go public, ask them not to reveal your name.
• Send it to us anyway via this form, and we’ll publish it here too. Please mke clear if you want us to withhold your name, or if your account is not for publication (e.g., if it is evidence of criminal activity).

Find Email Editorial Contacts here:

• Church Times.
• Church of England Newspaper.
• The Bookseller.

“Former-SPCK” Creditors: Letters to Church Times, The Bookseller

Matt Wardman writes:

I mentioned in a previous posting that we had written to a number of outlets to publicise the call for Creditors of the former-SPCK bookshop chain, and to raise a number of concerns about the way the brevity of the deadline, and the narrowness of the subset of creditors likely to see a notice placed only in The Bookseller.

Edited versions of our letters have been published in both the Church Times and the Church of England Newspaper, and the full letter in The Bookseller. Christian Marketplace has also carried an article on their website about the Call for Creditors.

We hope, in particular, to start a wider debate in the Book Trade about the nefarious activities of the Messrs Brewer over the last several years, which is long overdue.

In our view, and based on published and unpublished information, a criminal investigation is more than merited.

The Church Times edited out the bits about the deceptive 2008 Bankruptcy attempt in Texas. We are grateful to all publications which carried the letter.

This is the full text of our letter to The Bookseller:

Call for Creditors of Saint Stephen the Great Trust to come forward

Dear Sir

We write as the editors of the SPCK-SSG News Blog (spckssg.wordpress.com). We have been working, with many others, to scrutinise the management of the former-SPCK bookshop chain for 2 years now.

The chain of bookshops was taken over in October/November 2006 by a charity controlled by J Mark Brewer and Philip Brewer, and has been gradually run down since that date.

At least 7 different corporate entities have been used to in managing the chain. These comprise 3 charities (1119839, 1119839-1 and 1109008), 3 private companies (FC028292, FC028290, FC028291), and a Company Limited by Guarantee (06110519); some have similar or identical names, and all were controlled at the outset by various permutations of Brewer family members.

After complaints in 2008, and after a Charity Commission “Section 8” investigation (case ref WTF 1119839/685451), in April this year an “Interim Manager” was appointed to oversee the Saint Stephen the Great charity (1119839), and the Saint Stephen the Great Charitable Trust ( 1119839-1).

Last week The Bookseller included a notice from the Interim Manager, suggesting that “Creditors who believe that they have a valid claim against the Trustees of St Stephen the Great Charitable Trust incurred before 1 July 2007, should write to the Interim Manager at Begbies Traynor (Central) LLP, 32 Cornhill, London EC3V 3BT under ref S8703 before the close of business on 16 December 2009.” This notice causes us several concerns.

As far as we are aware the notice has only been published in The Bookseller, while the SPCK chain was a business with worldwide links. SPCK creditors may include English Cathedrals, communion wine suppliers, development charities, craft businesses, religious communities in the UK and overseas and others. How can such a range of creditors can be realistically expected to respond to a notice with a 3 week deadline in a booktrade magazine, posted up to 3 years after the relevant debts were incurred?

In summer 2008, J Mark Brewer attempted to take an organisation, which he called “St Stephen the Great, LLC”, into bankruptcy in the South Texas Bankruptcy Court (case 08-33689-H1). His court submission failed to identify the UK bookshops under his control, but did provide a substantially accurate listing of unpaid debts which had arisen over the previous 12 months. This included several hundred creditors, and more than £1m of debts. This case was subsequently dismissed “with prejudice”, and Mr Brewer – himself a lawyer and former Congressional Candidate – required to pay a penalty and take remedial education in the area of Legal Ethics. Under the quoted cutoff date of July 2007, many debts identified in these court submissions may be ruled out of a possible settlement.

We encourage all potential creditors to get in touch with the Interim Manager using the contact details in the notice, and/or those given on the Charity Commission site; these are stsgct@gothamerskine.co.uk via email, or by phone on 020 7490 1880.

We also hope that specific contact will be made with creditors identified in the Court Documents, who are potential creditors even within the restricted period, and that the deadline for responses will be extended to a more realistic date.

Yours etc

Phil Groom. Editor, UK Christian Bookshops Directory, christianbookshops.org.uk
Matt Wardman, SPCK-SSG News Blog, spckssg.wordpress.com

And our letter to the Church Times:

Call for Creditors of Saint Stephen the Great Trust to come forward

Dear Sir

First of all we must thank the Interim Manager appointed to oversee the Saint Stephen the Great Charitable Trust, and Saint Stephen the Great, charities for his work in “stopping the rot” in the former-SPCK bookshop chain, and recovering the shops (Durham Cathedral Bookshop excepted) from Philip and J Mark Brewer. At least we are now on the way *out* of the woods.

However, we note that last week The Bookseller trade magazine included a notice from the Interim Manager of the Saint Stephen the Great Trust, suggesting that “Creditors who believe that they have a valid claim against the Trustees of St Stephen the Great Charitable Trust incurred before 1 July 2007, should write to the Interim Manager at Begbies Traynor (Central) LLP, 32 Cornhill, London EC3V 3BT under ref S8703 before the close of business on 16 December 2009.” This causes us some concerns.

We have been working to scrutinise the mismanagement of the former-SPCK bookshop chain for more than 2 years now, and we are concerned by several aspects of the statement made by the Interim Manager.

The Interim Manager is completely right that this whole affair has been made fearsomely complex by the use by J Mark and Philip Brewer of at least 7 different corporate entities to obfuscate their actions over the last 3 years. These comprise 3 charities (1119839, 1119839-1 and 1109008), 3 private companies (FC028292, FC028290, FC028291), and a Company Limited by Guarantee (06110519), some of which have similar or identical names, and all controlled by various permutations of Brewer family members. There was also an 8th alleged corporate entity, SSG LLC, which appeared in J Mark Brewer’s sworn submissions to the South Texas Bankruptcy Court in summer 2008, but which turned out to exist only in his imagination.

The USDAW Employment Tribunal action, which was settled out of court earlier this year, was impeded by this complexity, and a lack of clarity as to which entity J Mark and Philip Brewer were acting on behalf of at different times, whether their actions at each point were legal or not, and their peculiar reluctance to keep written records. In the end USDAW had to name three separate bodies as respondents because it was not clear which entity employed and managed different members of staff at different points in time. If the Interim Manager had not commendably reached a negotiated settlement, this Tribunal would be going round in ever-decreasing circles even now.

The notice as published seeks creditors of “St Stephen the Great Charitable Trust”, without identifying a specific charity number, and restricts the call to debts incurred before the end of June 2007. Given the confused governance and business relationships, we suggest that the Interim Manager needs to cast a far wider net, at least initially.

We are also concerned that the deadline for responses to the notice has been set for December 16th. The SPCK bookshop chain was a business with worldwide links, and the range of creditors may well include Cathedrals owed rent, communion wine suppliers, development charities, craft businesses, religious communities in Eastern Europe, a consulting engineer used to design an improvement scheme, and others. All of these creditor groups appear in the 2008 Texas court documents referred to above, and – despite the 2008 bankruptcy attempt having been fraudulent – we have found the records of debtors declared to be largely accurate.

We are a little baffled as to how such a range of creditors can be realistically expected to respond to a notice with a 3 week deadline in a Booktrade Magazine, posted up to 3 years after the relevant debts were incurred. Also, would a single notice adequately meet legal requirements where such a wide range of creditors are affected?

So we urge all creditors, and potential creditors, to get in touch with the Interim Manager using the contact details in the notice, and/or those given on the Charity Commission site, which are stsgct@gothamerskine.co.uk via email, or by phone on 020 7490 1880.

We have done what we can to bring wider attention to the published notice, but we hope that specific contact will be made with the hundreds of suppliers identified in the Court Documents, who are potential creditors even within the period before June 2007. Any debts before this date would be in addition to the more than £1m of debts identified in the 2008 Court submissions.

We also hope that the deadline for responses will be extended to a more realistic period, perhaps to the end of January 2010.

Yours etc

Phil Groom. Editor, UK Christian Bookshops Directory, christianbookshops.org.uk
Matt Wardman, SPCK-SSG News Blog, spckssg.wordpress.com
Simon Barrow, Co-Director, Ekklesia, ekklesia.co.uk

Debts of the former SPCK bookshop chain: Church Times letter

Matt Wardman writes:

We have a  letter published in the Church Times this week about the former SPCK bookshop chain. Kudos to the CT for putting it outside the paywall, where everyone can see it.

A fuller version, with a few points about the J Mark Brewer attempt (known to us as the Great Texan Wild Goose Chase) to dodge debts by putting a sort-of conflation of various bits of his organisations into Bankruptcy in South Texas, declaring lots of debts but none of the assets, is in this week’s Bookseller – but they don’t always put letters online.

Debts of the former SPCK bookshop chain

From Mr Phil Groom and others

Sir,

We must thank the Interim Manager appointed to oversee the Saint Stephen the Great Charitable Trust, and Saint Stephen the Great, charities for his work in stopping the rot in the former SPCK bookshop chain, and recovering the shops (Durham Cathedral Bookshop excepted) from Philip and J. Mark Brewer. At least we are now on the way out of the woods.

We note, however, the notice from him in The Bookseller last week suggesting that creditors “who believe that they have a valid claim against the Trustees of St Stephen the Great Charitable Trust incurred before 1 July 2007” should write to him at: The Interim Manager, Begbies Traynor (Central) LLP, 32 Cornhill, London EC3V 3BT, under “ref. S8703” before the close of business on 16 December.

This causes us some concerns. The Interim Manager is completely right that this whole affair has been made fearsomely complex by the use by J. Mark and Philip Brewer of at least seven different corporate entities over the past three years. These comprise three charities, three private companies, and a company limited by guarantee, some of which have similar or identical names, and all controlled by various permuta­tions of the Brewer family members.

The notice as published seeks creditors of “St Stephen the Great Charitable Trust”, without identifying a specific charity number, and restricts the call to debts incurred before the end of June 2007. Given the confused governance and business relation­ships, we suggest that the Interim Manager needs to cast a far wider net, at least initially.

We are also concerned about the deadline for responses. The SPCK bookshop chain was a business with worldwide links, and the range of creditors may well include cathed­rals, communion-wine suppliers, development charities, craft busi­nesses, religious communities in Eastern Europe, a consulting engineer, and others. All of these creditor groups appeared in Texas court documents in 2008.

We urge all creditors, and potential creditors, to get in touch with the Interim Manager using the contacts in the notice, and/or those given on the Charity Commission site stsgct@gothamerskine.co.uk, via email, or by phone on 020 7490 1880.

We hope that a specific contact will be made with the hundreds of suppliers identified in the court documents. We also hope that the deadline for responses will be extended to a more realistic period, perhaps to the end of January 2010.

PHIL GROOM
MATT WARDMAN
SIMON BARROW

Concerns about call for SPCK/SSG Creditors

Matt Wardman writes:

Following on from our previous posting about the call for creditors of the Saint Stehen the Great Charitable Trust to come forward within the next 2 weeks, only if they know that they are owed money from before July 2007, we have written to relevant magazines raising these concerns:

• The complexity of the history of this whole affair, and the deliberate obfuscation introducd by the Messrs Brewer,  makes it very difficult for potential creditors to know whether they come within the restrictions laid down, or not.
• As far as we are aware, the notice has only been published in The Bookseller, while the SPCK chain was a business with worldwide links – far beyond the book trade.
• How can such a range of creditors can be realistically expected to respond to a notice with a 3 week deadline in a booktrade magazine, posted up to 3 years after the relevant debts were incurred?
• Does this adequately meet legal requirements for informing creditors?

We are not publishing the full text of the letters here until after they have been published in the magazines and newspapers concerned, for obvious reasons.

We have not raised several further points, because we are not sure ourselves what difference they make, and would make our letters even longer than they are already:

Interim Manager's Notice

1. The Interim Manager is in control of the two charities “Saint Stephen the Great”(1119839), and “Saint Stephen the Great Charitable Trust” (1119839-1).
2. The Charity Commission website states that he controls the former, and he has himself declared himself to be in control of the latter when claiming possession of shops.
3. These charities were forcibly merged by the Charity Commission around 23 July 2007.

So what is the basis for taking responsibility for actions of one charity only? Shouldn’t creditors of both of these charities be able to seek redress for debts incurred over a far greater period of time?

In any case:

• Given the complexity, and lack of clarity, in this history, all creditors, and potential creditors, should get in touch with the Interim Manager using the contact details in the notice, and/or those given on the Charity Commission site; these are stsgct@gothamerskine.co.uk via email, or by phone on 020 7490 1880.
• We hope that specific contact will be made with the hundreds of suppliers identified in the Court Documents, who are potential creditors even within the period before July 2007.
• We also hope that the deadline for responses will be extended to a more realistic period, perhaps to the end of January 2010.

There may be more, as and when we have (or understand) it.

SPCK AGM 2009 – Salient Points

Matt Wardman writes.

On this blog we have attempted to keep up with a dozen or more different strands, and have communicated formally or informally with everyone from bullied staff to suppliers left high and dry to the USDAW Union to the Church of England Pensions’ Board.

More than 12 months on, some of the tectonic plates in the SPCK-SSG saga have shifted, some staff have received compensation after a long legal battle, and the Bookshop Chain is nearly (except for Durham Cathedral Bookshop. Bah!) under the control of trustworthy management in the shape of the Charity Commission Interim Manager of the SSG Charity. Painful decisions will continue, but the management can now be relied upon to follow the law of the land, and a set of honest principles.

The saga will continue for a long time to come, as debt recovery action takes place (I hope), assets are recovered, the Messrs Brewer are (we hope) brought to what justice is possible, and some new initiatives and bookshops continue to emerge from the rubble of the destroyed SPCK chain.

Following the SPCK Annual General Meeting on October 1st, these are some joint reflections drawing out some of the more salient figures from the Accounts and Annual Report.

SPCK Annual General Meeting 2009

The performance of SPCK in its current format of publishing and mission still holds relevance and concerns for former bookshops staff, and the publication of the latest Annual Report at http://www.spck.org.uk/about_spck/spck_2009_rept_accts.pdf gives cause for question.

Former bookshop staff still have a loyalty to the Christian mission of SPCK as it affects the wider Christian world through its publishing programme and world wide literature initiatives; feel worried about the fate of the bookshop premises once owned by SPCK which were funded by the giving and the support of thousands of Christians for nearly 200 years; and apprehensive about the shortfall in the pension fund which affects existing SPCK pensioners and those yet to receive their pensions.

Those with financial expertise and insight can read the Accounts and draw conclusions but key paragraphs in the Annual Report are as follows:-

From the Chairman’s Overview

“First, we experienced a large drop in the valuation of our investments; and second, we suffered from the outcome of a revaluation of a pension fund.”

From the Financial Review

“The Society recorded a net surplus , before exceptional items and gains and losses, of £294,000 (2008: surplus of £751,0000. Exceptional items in this time of economic downturn include an increased provision of £3,832,000 for funding a revised larger deficit in pension funding relating to a now-closed scheme, which was identified after a revaluation of funds by the Church of England Pensions Board. In addition, there was a large non-cash cost in the form of a net loss on the revaluation of investment assets of £3,111,000 (2008: net loss of £1,318,000). The net movement in funds for the year was a deficit of £6,648,000 (2008: deficit of £674,000).”

Further on investments

“The investment in William Leech (Investments) Limited has been used as security to guarantee the Society’s liability for additional pension contributions to the Church of England Defined Benefits Scheme”. Presumably because of stock market performance, the ordinary shares in William Leech, at market value fell from £4,640,000 in 2008 to £3,521,000 in 2009.

Sales

Sales income from Publishing in 2009 was £1,733,000 – in 2008 £1,834,000. The budget figure for 2010 implies a further fall.

Freehold Properties

The freehold properties housing the former SPCK Bookshops are no longer quoted assets.

Commentary

The Christian book trade is said to be in a fragile state at present, and the loss of 23 SPCK Bookshops can have been no help to publishers especially coinciding with a Recession. One hears worrying rumours about the future of Biblica/STL and the Wesley Owen shops. If SPCK did not survive, not only would the future of Christian mission and publishing be harmed, but also the pensions of former staff would be jeopardised and the William Leech Foundation, a generous charitable donor, harmed.

The pensions of former staff are held by the C of E pensions board, so if SPCK itself suffered really serious trouble, those funds are safe.

Finally, things may change (again) as the economy recovers from the current recession – perhaps particularly for investments held by the pension fund.

Wrapping Up

If SPCK wish to respond to any comments here, we are happy to publish a statement or commentary.

Chichester: The Door is Shut. Only Durham remains.

Matt Wardman writes:

These are two photos cross-posted from the ASingleBlog site. The former-SPCK Bookshop in Chichester has been closed on the instructions of the Charity Commission.

This is sad, and yet it means that – exactly as per the takeover of the SPCK-SSG charity by the Charity Commission Interim Manager – those trying to resolve this are now dealing with people of integrity, so we can at least say that Chichester is now on the way out of the swamp.

So the Brewer cash-generating, personal-expenditure subsidising, money-grubbing, supplier-swindling, staff-bullying, legality-avoiding (e.g., lack of required liability insurance), asset-stripping, and Durham Cathedral brand-poisoning, activities can now only be carried on in the Durham Cathedral Bookshop.

Every day that the Brewer-boys retain control of that shop provides a further opportunity for abuse.

Will someone in authority please finish the job?

Here are the Chichester Photos:

Durham: watching, waiting…

Phil Groom writes:

I confess that I’ve been rather slow about this, but simply to let all visitors know that the Durham Petition is now formally closed. I have updated the petition text with the following introduction:

Following an announcement made by Durham Cathedral on Friday, May 1st, 2009, that “the current operators and occupiers of Durham Cathedral Shop” — ie, the Brewers — have been given one year’s notice to quit, this petition is now closed.

THANK YOU to everyone who has signed it. The story is far from over, however, and the future of the current bookshop employees remains unclear. Please keep them as well as the Dean and Chapter in your prayers as they seek a way forward that will provide justice for all concerned.

Updates will be posted on the SPCK/SSG Blog as and when new information emerges.

Although officially closed, I am leaving the petition in place as a matter of historical record. In the meantime, we watch, and wait.

To the Durham shop staff: I salute you.