Monday 15 December 2014

Brent Council workers gagged from speaking to councillors over employment discrimination issues

I am, as regular readers will know, a militant opponent of the Tory Party, but I was pleased that the Brondesbury Conservative group raised the issue of an independent investigation into the Brent Council Human Resources department at Full Council last week.

I would of course have much preferred it to be raised by principled members of the Labour group.

It is a call that has also been made by Brent Green Party, Brent Trade Union Council, and Brent Anti Racism Campaign.

I know through messages and phone calls to Wembley Matters that many Brent Council staff do not have confidence in Michael Pavey's internal investigation and that they do not feel they have an avenue for complaints that does not put them at risk of retribution.

Cllr John Warren at Full Council offered staff the opportunity to raise issues with him. He has since received a letter from Brent Council's Legal Department advising him that staff doing so would be in breach of the Brent Officers' Code of Conduct and could put them at risk of disciplinary action:

I am writing, as Deputy Monitoring Officer, following the Full Council meeting on Monday 8th December when you invited employees to contact you confidentially if they wanted to discuss any dissatisfaction they felt or discrimination which they had experienced in the course of their employment.



I am very concerned that encouraging staff to follow this course of action crosses the boundary between the respective roles of Members and Officers in relation to matters concerning the employment of staff.  As you may be aware the Protocol for Members and Officer Relations formed part of the agenda at Standards Committee on Tuesday evening.  The Protocol reminds both Members and Officers of the Brent Council Officers' Code of Conduct which contains clear restrictions on employees raising matters relating to employment with Members.   By encouraging staff to contact you in the way suggested you are encouraging staff to breach the Brent Council Officers' Code of Conduct and could place employees at risk of disciplinary action.



I would request that you do not repeat the invitation to employees and, if you are approached by any employees, they are instead advised to raise any issues through the proper communication channels and reminded of the provisions of the Brent Council Officers' Code of Conduct.
This is essentially a gag on any members of staff contacting any councillor to discuss their concerns. It would not be an issue if staff had confidence in the Council's internal procedures but this is clearly not the case.

It is even more important at a time when Cara Davani, who had a key role in the Council's actions that resulted in an Employment Tribunal finding of racial discrimination, victimisation and constructive dismissal, is managing the process of the restructuring of the Council's senior management and will be handling redundancies arising from the forthcoming budget cuts. An appeal hearing dismissed Brent Coucil's grounds for appeal against the judgment.

An independent investigation is the only way to ensure that staff are heard and justice achieved.

40 comments:

Anonymous said...

The 'Protocol for Members and Officer Relations' needs amending. It should be a facilitating mechanism for good employee relations, not a gagging order blocking democratic accountability of senior officers. Democracy? No, only the same old 'guards guarding guards' nonsense.

Anonymous said...

PS Think you're opening line meant to say you are - not you are not - an opponent of the Tory Party! You're forgiven the typing error. The colossal amount of work you do to produce Wembley Matters cannot be overestimated as the current blog on the Kensal Rise Library saga demonstrates. Here's to you and the blog. Long may both continue.

Martin Francis said...

Thanks. An embarrassing error corrected!

Anonymous said...

1. How does this square with whatever Brent council pretends is its whistleblower policy? Are you only allowed to blow the whistle TO the people whom you are blowing the whistle ABOUT? That would be very open, transparent and listening wouldn't it?
2. If it could be organised it would be a good response if hordes of people could contact Cllr Warren so that disciplining them all would be impossible. Spartacus comes to the Civic Centre.
3. No doubt Private Eye will get a bit more material out of this. Hopefully enough for a regular dedicated Brent column (or cartoon strip even!).
4. Did you mean 'proponent' of the Tory party, Martin?

Those Tories, eh? Friends of the working (wo)man as ever. What would we do without them ............

Martin Francis said...

Strange things happen in politics - Soem years ago I was part of a delegation to Boris Johnson's planners at the GLA which included Barry Gardiner, Bob Blackman and Hank Robers re Ark Academy being built on playing fields...

Anonymous said...

I'll take this opportunity to correct my own embarrassing 'you're' which should have read 'your'!

Alison Hopkins said...

Good for John Warren - and my reaction would have been to tell the officers where to shove it.

As Martin knows, I think, I got approached by officers for help around the time of the Public Realm contract. Without going into detail, they were being massively disadvantaged and in my opinion, employment law was not being followed. I was very happy to give what support and advice I could, especially as I'd known some for years.

I'm not the only (ex) councillor who's helped officers, but I've never heard of this sort of supposed advice before. (I can just imagine what Lorber would have said!)

Anonymous said...

Why is there so much criticism of Pavey on this blog? Is it because its readers realise he is one of the few councillors who is far switched-on than them?

Anonymous said...

If Staff did decide to speak to John Warren they would be protected and exempt from the officers code due to whistleblowing legislation.

Anonymous said...

I'm sure people would be prepared to accept that Pavey is 'far switched-on than them' if you could persuade them with a little evidence.
Is it his fashion sense? The company he keeps? His fiercely-defended independence from any council cliques, claques or cabals the benefits of which will be seen when he names and shames those responsible for recent scandals involving Davani, Gilbert, Ledden and Butt (due for publication shortly after Blair is arraigned for war crimes or England win the World Cup, whichever is the later)?

Anonymous said...

...as Stalin said when he finished painting Trotsky out of that Lenin picture.

Anonymous said...

I think I recognise that humour, Anon 12.49...

Anonymous said...

Sorry, meant to say Anon 14.36.

Anonymous said...

They only want you to blow a whistle because it lets them know where you are.

Anonymous said...

Give us a clue ....

Anonymous said...

They only want you to blow a whistle because it lets them know where you are.

Anonymous said...

It was written by Davani to protect Davani. Policies and Procedures get changed on a daily basis just cover her back

Anonymous said...

Again the questions arise:
What are the skills, abilities and proficiencies that Davani possesses which allow her to get away with all the other stuff which we (and the rest of the country now) know she is notorious for?
OR
If no one can provide examples of her virtues, what does she have on the people who let her remain in post which persuades them to let her continue to embarrass them and undermine them and their futures? Specifically, what is the nature of the bodies whose burial she knows the location of? What does she know about Butt, Ledden, Gilbert etc etc. Or is it even them?
Seriously, does anyone else wonder?

Anonymous said...

No - sorry, Anon 19.15. Anon 14.36 is also choosing to be anonymous. Suffice it to say that s/he is one of the good ones... if I'm right.

Nan Tewari said...

With reference to the Pavey review, it is hard to see how staff can have confidence in him knowing as they do, that nothing has changed since the employment tribunal judgement and since the appeal tribunal's refusal to allow the council's appeals.

We have worked out that Cllr Butt has absolutely no confidence in himself. He was unable to cope with Gareth Daniel, so Daniel had to go. He could only survive by being propped up by people who owe their positions to him - Davani and Gilbert. So even though they have been branded racist bullies by the tribunal, and even though there is no hope of appealing against that judgement, Cllr Butt will make sure they are there to stay. In that way he has taken to heart the lesson drawn from the Cllr Ann John /Gareth Daniel relationship where each looked out for the other and thus mutual survival was guaranteed.

If the council is still allowing Davani to this day, to send out letters asking for Rosemarie Clarke's medical records consent form to be sent back to HER then it is obvious that the Davani Gilbert duo is thumbing their noses at the findings of the court whilst having a giggle at Cllr Pavey's expense - he whose own leader Cllr Butt has stitched him up well and truly before his so-called inquiry had even started.

I have seen perfectly fair HR policies twisted to work in a manner completely contrary to their original intention by individuals lacking in ethical behaviour. It is not the policies that are at fault but the individuals who discharge them. Does anyone really think Cllr Pavey has the courage or strength of character necessary to recommend that Davani and Gilbert be sacked?

Anonymous said...

Thanks, Nan. This looks like as good an answer as Anon at 22.08 above is going to get, (short of a conspiracy theory centred on crack addiction, morris dancing, bestiality and age-inappropriate nappy-wearing networks, anyway). Disappointing though.
Boring old human frailty, eh? And we all end up suffering because the not-really-evil people are too insecure or feeble to face down or deal with the borderline sociopaths whose own personality defects are important factors in their 'success'. Sounds like a familiar story.

Anonymous said...

I must have missed something here. Why is speaking to one councillor against the members code of conduct and speaking to another not?

Anonymous said...

'Borderline'?

Anonymous said...

I just think it's interesting that the people who come in for the most abuse on this blog are also the ones who are the most able...

I assume the ultimate aim of the negative comments on this blog is to make the standard of councillors in Brent more mediocre than it already is...

Anonymous said...

Why does only Cllr Warren speak for the Brondesbury Tories at Full Council? Both Cllr Shaw and Cllr Davidson are able speakers too.

Maybe the rumours about "The Brondesbury Three" splitting in two aren't that far-fetched after all...

Anonymous said...

Not actually possible, Anon 15.24

Alison Hopkins said...

Carol has long been a party of one.

Anonymous said...

I think that the Deputy Monitoring Officer would do well to write to all Brent Councillors, especially the members of the Cabinet, reminding them of the following provision from the Brent Council Members' Code of Conduct:

'High standards of conduct -

You must maintain a high standard of conduct, and comply with the following general conduct principles:

The General Principles:

Selflessness – you should serve only the public interest and should never improperly confer an advantage or disadvantage on any person.

Integrity – you should not place yourself in situations where your integrity may be questioned, should not behave improperly and should on all occasions avoid the appearance of such behaviour.

Objectivity – you should make decisions on merit, including when making appointments, awarding contracts, or recommending individuals for rewards or benefits.

Accountability – you should be accountable to the public for your actions and the manner in which you carry out your responsibilities, and should co-operate fully and honestly with any scrutiny appropriate to your particular office.

Openness – you should be as open as possible about your actions and those of their authority, and should be prepared to give reasons for those actions.

Honesty – you should be truthful in your council work and avoid creating situations where your honesty may be called into question.

Leadership – you should promote and support these principles by leadership, and by example, and should act in a way that secures or preserves public confidence.'

Philip.

Anonymous said...

Looks like new council elections as soon as they can be arranged, then ................

Anonymous said...

Accurate as always Nan.

Anonymous said...

this is hilarious. Can we sue?

Anonymous said...

This is of course complete rubbish, officers talk to councillors all the time. Often lobbying for cuts not to happen in their role/ service. To pretend is just innacurate - but hey this is Wembley Matters why let the truth get in the way.

Martin Francis said...

It is unclear what 'this' you are referring to. The story is specifically about the HR situation and the Deputy Monitoring Officer's warning. An issue of great concern taking into account recent ET judgments and pending redundancies. What is 'inaccurate' about that?

Anonymous said...

You don't seem to be too good at reading between the lines, or reading what's clearly implied on top of them for that matter. The Deputy Monitoring Officer's 'warning' is directed at a specific group of people: those who have been invited by Cllr Warren to talk to him about a particular situation in relation to a specific case raised at the earlier council meeting. 'Officers' may well 'talk to councillors all the time' but these particular officers have been selected for this specific threat in a discriminatory way which reflects precisely the special treatment which the Tribunal judge found had been meted out to Rosemarie Clarke in his judgement.
Coincidence? Irony? Or maybe a consistent management culture.

Mike Hine

Anonymous said...

08.05 you clearly have not read the message to staff on the intranet it has been put on there again since the Rosemary issue. Staff are not allowed to speak to councillors about employment issues, if you are a staff go look it up on the intranet. Educate thyself.

Anonymous said...

I've been out of the country for a while. Who presented the Staff achievement Award to Rosemarie? Was the number of votes she received a record?

Martin Francis said...

This is not just a council, this is BRENT Council. This is not just Brent Council, it is Brent LABOUR Council. You will have to put in a Freedom of Information request, my friend.

Anonymous said...

Didn't someone suggest doing a FoI early in the vote for Rosemarie campaign? Is one already in train? If not, how do you do it?

Alison Hopkins said...

Here you go: https://www.whatdotheyknow.com/

Anonymous said...

Thanks, Alison. Now done.