Friday, 19 September 2014

Tribunal finds employee suffered race discrimination, victimisation and constructive dismissal at hands of Brent Council

The Employment Tribunals has announced its judgment in the case of Rosemary Clarke versus the London Borough of Brent and Ms Cara Davani, Brent's Director of Human Resources.

Allegations about Ms Davani's conduct and that of other members of the Corporate Management Team at Brent Council have been the subject of serveral postings on this blog LINK, LINK, LINK   which includes a complaint to Eric Pickles about Brent Council.

Brent Green Party's concern was such that we called for an independent investigation LINK:
Brent Green Party is deeply concerned about recent revelations concerning the Corporate Management Team at Brent Council. We call for an independent investigation of:
1. Corporate Management Team officers being paid through their private companies rather than normal pay roll
2. The contractual arrangements for CMT officers and interim appointments
3. Previous employment and business connections between senior offices appointed by Brent Council on an interim basis
4. The working culture of the Human Resources department
5. Brent Council's Whistle Blowing Policy to ensure that it adequately protects whistle-blowers from harassment and retribution.
During Wembley Matters' coverage of the issue, Fiona Ledden, Head of Legal and Procurement at Brent Council asked me to remove material from this blog. I refused on the grounds of Public Interest.

The Employment Tribunals found:
  • The claimant (Rosemary Clarke) has been directly discriminated against on the protected characteristics of race.
  • The claimant having done a protected act has suffered victimisation.
  • The first respondent (London Borough of Brent) has breached the implied term of mutal trust and confidence.
  • The claimant terminated the employment relationships as a consequence of the respondent's breach.
  • The claimant was constructively dismissed.
Remedies are to be considered as a remedy hearing but meanwhile Brent Council has said it will appeal.

The detailed document reveals much much about the machinations within Brent Council and in particular what it refers to as Cara Davani's micro-management style.

The Full Judgement is available at a cost of £10. Follow this LINK

Case Number 3302741/2013  Claimant Ms RC Clarke Respondents 1. London Borough of Brent 2. Ms Cara Davani  Heard at Watford Tribunals 23-24 June 2014 and 22-23 & 30 July in Chambers.

Ms Ledden recently refused my request to speak to a Full Meeting of Brent Council on the issue of the appointment of a Permanent Chief Executive.  Correspondence about this is ongoing.

78 comments:

  1. This will be a good test of Brent's principles. 'Race discrimination' would be a sacking offence for any other of Brent's employees (or tax-avoiding 'consultants'). Instead of wasting more public funds, throwing good money after bad and causing themselves even more embarrassment by an appeal, let's see if Brent will do the decent thing by insisting that Ledden and Davani do the same.

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  2. A catalogue of mismanagement and spite emerging from the Judgement on the parts of Gilbert, Ledden and Davani. Promotions and pay rises all round, then.

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  3. Ms C. Davani, head of Brent HR, gives a member of her staff an example of Unprofessional Behaviour:
    ‘She completely ignored me when I said hello to her last week which I think is thoroughly unprofessional’

    Ms C.Devani, head of Brent HR, models Professional Behaviour for her staff:
    ‘Guilty of race discrimination, victimisation and constructive dismissal’

    Mike Hine

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  4. meanwhile Brent ratepayers foot the bills for these over paid managers and front line services are cut...

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    1. Well out if order in it.

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  5. Let's see what action Mo Butt is going to take, I've read at least 2 places where Davani is called out for not telling the truth, Once the Local Authority has been found guilty, do they just sit back and give the guilty officer a pat on the back, why is council money been wasted to pay for an appeal, Rosemary had to pay to take them to the Tribunal to get justice, so why should taxpayers be expected to pay for management's action, the managers involved should have to split the bill between them.

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    1. Mo Butt is not going to take any action, they are all in it together and those who don't agree are too scared to stand against them. I agree Davani should foot the bill with her own money if she wants to try and clear her name but we know it will be the tax payer who will foot the bill. And do you think she cares that the people of the borough are struggling to pay their council tax? Not in the slightest.

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    2. A racist bully will not care she's more into harassment than caring about council tax payers money, she has been rinsing council tax payers money since she joined £700 a day, Oyster card fraud, and now she's going to try and rinse it once more to clear her name. Her name and reputation will never be clear. "You know a person by how they behave and what comes out of their month". Knowing her (and I do) the outcome of the employment tribunal is most definitely correct.

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    3. As Cara said in the judgement to the unisons "this decision is final". The wretch shouldn't even get a right of appeal

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  6. Racist bully Operational HR Director CARA DAVANI - we all knew that but at last it is formally recognised as a fact.

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    1. Whatever happens in the dark will always come to light. Sometimes it takes a while that all. Judgement!

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    2. Judgement...love it!

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  7. VICTORY FOR ROSEMARIE CLARKE GREAT NEWS.

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    1. Well done rosemary, I'm sure it was not easy but well done you got there in the end. I hope that Rosemary has a fruitful career going forward and is favourably compensated.

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    2. Hip hip horraay :)

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  8. This could be the beginning of the end for Councillor Butt if he does not act and call for Davani's resignation.

    He can't simply curry favour with Ms Gilbert anymore, as it seems both Ms Davani and Ms Gilbert's positions are untenable.

    The house of lies is starting to fall.

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    1. The dragons den is collapsing

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  9. Well-said, all previous commentators, with a special thanks to Mike Hine. Davani's lese-majeste attitude summed up in her presumption that junior staff should pull their forelocks when the boss passes by beautifully illustrates what's wrong with this raft of senior, over-paid managers - a problem across local government everywhere.

    On a broader canvas, this 'us' 'them' attitude is encapsulated in the national Labour Party's failure to back a genuine Recall law - while at the same time now pretending it wants bottom-up constitutional change in the wake of the Scottish referendum outcome. Folk are becoming increasingly politically savvy. The days of party fiefdoms, whatever their colour, are numbered.

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  10. Edited comment from a reader: The whole leadership team is a utter shambles, the public have loss all trust and confidence. Those members of staff that gave been able to exit the organisation out of the hands of those vipers, you had a very good escape. It's unfortunate that members of staff gave been subject to this out of order hr leadership. The whole matter is a disgrace to the London borough of Brent. Cara and her network probably do not even care as they probably do not even live in the borough. Nonetheless needs to be dismissed.

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    1. hmmmm...6 acres in Suffolk doesn't really compare to the most deprived area in Brent!

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  11. The trouble is that the whole leadership team supports her disgraceful leadership style. This will now be a test to see if she remains in post as operational director of HR where the fact remains that she is a rasist bully. All trust and confidence has been lost, from a public prospective. Her CIPD CREDENTIALS should be removed as she has no work ethics.

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    1. Does she even have any CIPD credentials? Doubt it very much.

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    1. Very accurately put. Staff at Brent do not have a voice but we do have one here. Thank you Martin.

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    2. This is so correct

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    3. I fully hear the comments above, but I have to say that it is a sad state of affairs when staff have no outlet to voice serious concerns, without fear of reprisal and loss of job. With democracy being at the heart of our society, what the hell is going on in Brent Council. It sounds as though they are leading through a culture of fear, intimidation and victimisation....Nice building, but wouldnt want to work there!!

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  13. Re Mike Hine, above: Davani-the-dog-breeder will be used to being obeyed by the mutts she trains. It seems it's difficult for her to make the transformation to head of HR where she clearly confuses independent-minded human beings with her animal charges. Perhaps she should choose which job she prefers - if she has any choice in the matter following this damning indictment by the Employment Tribunal.

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  14. Guess who created this mess ?

    None other than Councillor Butt. His leadership challenge than set in train his inability to touch Davani, Gilbert and Ledden.

    What kind of leader is Butt if he can't simply call for Davani's resignation ?

    Very weak I suggest.

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    1. All this started when he underhandedly got rid of Gareth Daniel, Butt does not like to hear the word no, so he installed someone to do his bidding. Butt, Gilbert, Ledden and Davani all in it together, only interested in themselves. Let hope on Monday Davani and Philips will have done the decent thing and buggered off. Let's hope Butt gets kicked out sooner rather than later. Staff moral have never been this low, policies constantly changed to cover their dirty deeds. Nasty punch these people have no business working in the public sector.

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    2. Butt to call for Davani's resignation? He didn't do anything previously...re previous blogs. She and the rest of the lookie likie leaders of the council should be sacked for calling the council into disrepute. All too often people at this level get away without feeling the consequences of their actions....whichever happens, resignation or sackng it's all here for all to see...love the internet...www.caradavani/racistbully.com

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  15. There'll be an attempt to brazen it out, keep their heads down and hope it will all go away. Those whose responsibility it is to kick Davani and Ledden out have themselves been compromised and judged in this Tribunal's verdict. As in Rotherham the guilty parties will have to be winkled out and dragged out kicking and screaming. (People like these don't ever do the decent thing any more). Pressure needs to be kept up and publicity needs to be generated to that end (as in Rotherham) or they'll all still be there this time next year.
    Alternatively, the rest of them will attempt to make the weakest link the scapegoat for the whole thing and dump them as quickly as possible. It will be interesting to see who gets selected for this 'futile gesture' role, who are the dumpers and who the dumpee.
    With this in mind, I'm off to Paddy Power.

    Mike Hine

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    1. My moneys on Ledden then the boyfriend will step up to the role of Borough Solicitor.

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    2. I agree with Anonymous 11.11. Ledden was on the original senior management chop list and managed somehow to survive. So she either knows where some bodies are buried or she was kept to take the fall should one become necessary.

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    3. The boyfriend needs to go as well, with him still there she will always be stirring in the background

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  16. There is a clique at the top of Brent that run the place for their own benefit and to their own agenda.

    Remember these are the cases that go public because of the Court rulings - Brent chooses to settle far more of these by using a compromise agreement containing a confidentiality clause to shut the employee up.

    I suspect that the reason that this case wasn't quietly bought off in this fashion is because it was widely known about so if Cara bought this one off, it might have raised awkward questions for her internally so she had no choice other than to fight.

    Brent statement seems to hint they're taking legal advice with a view to a possible appeal; if that's the case then appeals have to be lodged within 42 days of the decision. That gives them until 14th October to submit their appeal so can I suggest that Martin ensures he revisits this matter then to ask Brent for an update on their position?

    Morale is extremely low at Brent and anyone who is seen to be a "troublemaker" or going "off message" by raising any objections they are quickly silenced with direct or implied threats. This means that staff are now reluctant to raise legitimate objections to policies and their implementation. Just look at the fiasco the One Oracle project has become as a result.

    I wonder what Cara Davani and Andy Potts actually talk about at home, it clearly isn't work!

    I'm just glad I got when I did but I know others who are still there because they actually care about their jobs and want Brent to do well. Cara and her ilk are rapidly destroying that, and Brent will suffer as a result.

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    1. All decisions/investigations/agreements made by Davani and her clan must be investigated. They are all now unsafe. People have lost their jobs all on the say so of a racist...Eric is that you I hear in the background?...

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  17. Not sure why they can't just sack her and employ someone on payrole.

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    1. Because it's a network of like minded people working towards no good, hence the NEED FOR A INDEPENDENT INQUIRY

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    2. She is on payroll.

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    3. How can the public help to influence the pursual of a public inquiry? What can we so to push this forward in a robust way?

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    4. That's it in a nutshell basically.

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    5. If you wish to contact Eric Pickles in his role as Secretary of State for Communities and Local Government please email him at eric.pickles@communities.gsi.gov.uk

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  18. Of course morale is low, and now that this has all come to light it makes things so difficult to continue to work under this regime. How can I go to work and perform a job job knowing that I'm led by a racist bully?

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    1. Now that's tuff, I don't know what to say to this one. Maybe you could asked to be temporally redeployed to another team if you feel that you can't cope in her presence. It must be hard terribly hard for hr staff right now in Brent council. Deeply concerning

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    2. Unfortunately, there are many more who like Rosemarie have suffered at the hands of this woman. But hopefully this judgement will mark the beginning of the end. It is confirmation to the outside world what Brent staff knew all along that Cara Davani is a racist bully. Well done Rosemarie, we are thankful that you found the strength to see it through.

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    3. It's because of fear, intimidation and victimisation that this has been able to continue and go on for so long. Council leadership have done nothing which is why there is a racist bully in the ranks. If left to continue...the consequences are unthinkable!

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    4. It takes a lot of strength inner strength to go through a employment tribunal process. CARA DAVANI and her collaborators try to wear you down throughout the prices. Look at the way and the manner of her emails in the judgement. You can clearly get a sense of the bully your dealing with.

      No matter how much times ROSEMARIE wrote to the council to say communicate with my brother, I'm not fit to attend occupational health appointments the bully CARA just continued to harass ROSEMARIE with constant threatening letters. Rude!

      Plus she went out of way to treat ROSEMARIE differently to the likes if the other corrupt director of finance who was just bake to resign and save his name but no felt I'm not letting ROSEMARIE get away with resigning I'm going to damage her before that happens.

      CARA YOU FAILED!

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  19. Thank you for sharing the judgement, I was planning to spend my hard earned money to buy it anyway. As I think this issue warrants attention.

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  20. Edited comment: So many hr professionals including contractors were forced to leave, given settlement agreements or made compulsory redundant under Caras management. The manager for recruitment had to make a speedy exit as she was being harassed, the previous manager for diversity wasn't even in the business long before she began to target him and offered him a settlement. The poor young lady who came in with talent that was heading up learning and development after Rosemary had left didn't even pass her probation. Senior hr officers and hr officers were given compulsory redundancy only to be replaced, a consultant decided to go he just couldn't take it anymore. New senior hr officers came into the workforce and left almost immediately they smelt the poison. Those that remained had to keep their head right down and struggle with all the uncalled for upheaval. But I guess it all makes sense now her behaviour as illustrated above (which is a fact) is because Cara is a racist bully and a leader that is renowned for harassing members of staff.

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    1. This is exactly what happened. Pity we can't name names. But it's true

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    2. Gosh I got so much to say, but I'm restricted from vocalising it

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  21. The Employment Tribunals judgement (p. 52) is dated 4 September. It was on 17 September, I understand, that Andy Donald wrote to Meg Howarth announcing that the Kensal Rise Library fraudulent email affair was now in the hands of Crown Prosecution Service (CPS) - he was responding to her latest query on the matter. As Mr Donald failed to say when the council had received this information, it's not possible to conclude that this good news was released in order to try to bury the bad news that is the Employment Tribunals judgement which would clearly be announced on Wembley Matters. It would be foolish, in my view, to rule out such a scenario. For those who might have missed the recent blog announcing the CPS involvement, here's a link

    http://wembleymatters.blogspot.co.uk/2014/09/police-pass-kensal-rise-e-mail-fraud.html?utm_source=feedburner&utm_medium=email&utm_campaign=Feed:+WembleyMatters+(WEMBLEY+MATTERS)

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  22. I wish I was a fly on the wall in her tiny little office (the personal office she is not meant to have) on Monday morning.

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    1. Let's hope her personal stuff would have been taken from her locker and placed in a box on her desk ready for her to turn up - similiar to what Genesis did to her, so she can be escorted off the premises. In the words of Beyonce -'What's goes around comes back around....'

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    2. with her personal PA not based in Business Support like everybody elses!

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    3. Well she wouldn't want to mix with Brent's diverse workforce would she that's why she has her own office.

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  23. As with the CE her own little space with her slaves all around her scared of their wits just ask the staff in OFSTED how she operated?

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  24. Thank you Martin

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    1. Yes many thanks Martin

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  25. I have read the enclosed judgement and as a resident I am saddened and appalled by the treatment of Ms Clarke at the hands of Brent Council. Is this what I am paying my hard earned council tax money for. What sort of mickey mouse (and I'm being generous) place is this? In a borough where diversity is celebrated - she should have been gone at the hint of any wrong doning, long before the judgement was made.

    Council put your hands up you were wrong and did nothing in support of this poor woman take responsiblity. No appeal as on the evidence this Davani person seems to be possessed and intent in ruining clarkes life. What type of person is this? I do not want this type of person making decisions for me as a resident.

    There is no discussion, she must go...

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    1. Yes she must go it's just going to take a lot of public effort

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  26. Let's not forget the previous HR management team (that Cara Davani dismissed with the assistance of the leadership team Sue Harper, Andy Donald, Fiona Ledden) made a massive contribution to the councils savings. How much did Davani spend on bringing in her mates?

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    1. Most probably more than the savings

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    2. Council's savings???? She with the help of the boyfriend have most probably paid out double in compromise agreements. Lets get this straight what ever 'savings' she makes she spends that and some on paying people off and shutting them up. So if you look at the bigger picture there aren't any savings she most probably adds to the deficit.

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    3. Good reason for an independent audit of Brent Councils books and see how it all adds up.

      I bet there have not been any costs savings.

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  28. FInally this is ALL out in the open. How much has this all cost Brent residents?

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  29. This all looks terribly embarassing for Barry Gardiner and Brent Labour

    Particularly as the buck should stop with Ms Gilbert and she did nothing.

    Ms Gilbert, Davani and Ledden should tender their resignations pronto.

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  30. Wasn't Davani in post before the departure of the previous Head of HR? Didn't this named RACIST oversee the departure of this person, who I might add was a BME?...convenient...

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  31. Cllr Butt as a councillor you should have the residents best interests at the heart of everything you do. You cannot justify to the residents and staff of Brent Council shielding a racist and bully. So come on you've already done the ice bucket challenge now its time to do another..the sack Cara Davani challenge. We'll gladly sponsor you.

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    1. Perhaps in attending anti-racism marches, Cllr B is really auditioning for a second career as a stand-up comedian ...

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  32. He would only do it if there is a camera present.... Cheese!

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    1. We can arrange that, it would be a pleasure!!!

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