Judge rules Brent Council Employment Tribunal Appeal has 'no reasonable prospect of success'

In a letter sent to Brent Council Legal Services on December 4th, the Employment Appeal Tribunal rules that all grounds of Brent Council's appeal against the Watford Tribunal have 'no reasonable prospect of success'.

The Watford Tribunal had found that Brent Council had discriminated against Rosemarie Clarke on grounds of race, victimised her and constructively dismissed her. Controversially the Council decided to appeal and take no action against the personnel involved.

On the Watford Tribunal Judgment, the Honourable Justice Lewis finds that Brent's Notice of Appeal 'discloses no reasonable grounds for bringing the appeal':

This is a carefully reasoned and thorough analysis by the employment tribunal. The tribunal set out the relevant law, made its findings of fact and reached conclusions open to it on the evidence before it.

He finds no reasonable grounds for the appeal against the finding of victimisation. On the race issue and the finding that Rosemarie Clarke was treated differently to a white male he states:

...the tribunal found that there was a material difference, no adequate explanation of the differential treatment had been given and inferred that the reason for the differential treatment was race. The reasons are clear and disclose no error of law.

On constructive dismissal although he found an incorrect reference to the Council pursuing the claimant during a period of sickness Judge Lewis finds that was not the basis of the finding ands states that the tribunal was entitled to reach the additional conclusion that there was a cumulative course of events amounting to a breach of the implied term of trust and confidence.

Technically the respondents could seek leave from the Court of Appeal to appeal Judge Lewis's decision but this would involve more expenditure of council taxpayers' money when the Council is implementing massive cuts to services.

The Remedies Direction hearing, when the amount of compensation is decided, is scheduled for December 22nd, 2014.

Meanwhile Cara Davani and the Human Resources Department, named in the original Judgment, are engaged in the restructuring of the senior management team of the Council and will be implementing cuts in staffing, including 40% reduction in central staffing, as a consequence of the 2015-17 budget.

It is difficult to see how staff can have confidence that this will be done fairly in the light of the above.

The Council has refused an independent investigation into the working practises of the Human Resources Department and the Corporate Management Team and instead set up an narrow internal investigation by Deputy leader Cllr Michael Pavey.

I have recently been contacted by ex-council employees who think that their testimony should be heard although some are subject to so-called 'gagging clauses'. 

Brondesbury Conservatives have joined others including Brent Green Party, Brent Trades Council and Brent Against Racism Campaign in calling for an independent inquiry.

They have tabled the following motion for Full Council on Monday stating:

This Council notes the loss of a recent high profile Industrial Tribunal case involving a Brent staff member.

This Council agrees the following:

1.To regret appealing this Tribunal decision.

2. To terminate with immediate effect the Cllr. Pavey- led inquiry into issues resulting from this case.

3. To recognise the importance of transparency and the need to improve morale amongst Brent staff by holding an independent inquiry.....details to be agreed by Council party leaders.

4.To reinforce our support for the Brent staff code of conduct,notably" provide a working environment that is free from any form of discrimination,unfair treatment,bullying or harassment"

5.To note the irony of Brent holding an anti- bullying week between 17 and 21 November.