Monday 11 July 2016

Labour abstentions on Tory Davani motion

Cllrs Duffy, Long, Crane, Eniola and Dixon abstained tonight on the Brent Conservative Motion (see posting below) on the Davani racial discrimination, victimisation and constructive dismissal case.

Moving the motion Cllr Warren said that Cara Davani should have been subject to disciplinary action rather than walk off with £157,610.   Residents would have backed the Council if, after the Employment Tribunal judgment, they had told her to 'go whistle' and taken on any resuting action.

Deputy Council leader Cllr Margaret McLennan, stating that this was part of her Cabinet brief, said that the Council had taken legal advice on the matter.  Legal advice had been that if the Council took discplinary action Davani could have claimed constructive dismissal and was likely to have been successful.  The settlement was in line with other redundancy payments and her contractual entitlement as a salaried employee of the Council.

McLennan went on to claim that  Cllr Pavey had undertaken a thorough review of HR and the result was that the Council had received an award for its Human Resources achievements.

The Council had made numerous press statements stating that the Council would not tolerate such behaviour and its position was clear and well known.


Martin Francis said...

I have been sent this comment by email: How could Cara Davani (CD) claim constructive dismissal as she had already been found guilty at a tribunal of bullying and harassment?

How could she be entitled to statutory redundancy payments as she was not directly employed by the Council / paid through payroll as an employee for more than two years?

Had she been employed by the Council for more than two years and not been found guilty at a tribunal for matters potentially deemed to be gross misconduct, whereby she could have been dismissed, she would only be entitled to statutory redundancy pay, which I understand to be one week's pay per year of service.

It beggars belief that Brent should pay CD this extortionate amount of money. Perhaps Brent should consider sacking, or suing their lawyers.

Jaine Lunn said...

well said Martin, perhaps its because we it Brent are ETHICALLY diverse!

Philip Grant said...

At the end of a letter about the £157k pay-off to Cara Davani, published in the Brent & Kilburn Times last week, I asked:
‘What are Cllr. Butt and the Council he leads still covering up, and WHY?’
Although we now have a few more pieces of information, following the debate at Full Council yesterday evening, the bulk of that question remains unanswered.

Unravelling the truth about how Brent Council dealt with the Rosemarie Clarke Employment Tribunal case and its aftermath is like watching the dance of the seven veils. The Leader is still covering his posterior, and now he is also hiding behind his Deputy, who had to dance in his place last night!

A “comment” does not allow the space for what I would like to say, so you may see a guest blog from me in the near future.


Philip Grant said...

It think it might help in considering the legal position over Ms Davani's "redundancy" if I clarify her employment status with Brent Council.

From March 2012 until 31 March 2013 she was engaged as an interim HR consultant, on a self-employed basis through her company, Cara Davani Ltd, effectively acting as Brent's Head of HR.

Under a restructuring plan which she had drawn up, the role she had been carrying out was upgraded to Operational Director level. From 1 April 2013 she was given that job, on an interim basis, presumably by Brent's interim Chief Executive, Christine Gilbert, and from that date she would have been an employee of Brent, on its payroll.

The Operational Director (HR) post was one of a number of new senior jobs at Brent Council which was advertised around May 2013. Applicants were considered, and short-listed (by whom?), and the candidate who was successful after interviews by the Senior Staff Appointments Sub-Committee (Chaired by Cllr. Butt) on 15 July 2013 was Cara Davani.

Cara Davani left the Council's employment (official version at the time: "to take a career break") on 30 June 2015, so she would have employed by Brent for two years and three months.


Anonymous said...

Careful, Philip. If your actions or your guest blog result in The Leader UNcovering his posterior then the people of Brent may never forgive you .......

Mike Hine

Anonymous said...

Well. Doesn't it get more interesting with each new little bit that gets winkled out. Perhaps we should all stop paying our Council Tax and get ourselves contracted in as Consultants whereupon we could each change the rules and then create "super posts" at very high salaries for ourselves and our friends,disgrace the council and then get compensation from the council if we agree to leave. What are we all waiting for!!!!!! Its a better moneyspinner than setting up a pyramid selling scheme!!!!

Anonymous said...

I am rather glad that Cllr Butt is keeping his posterior covered. The mere thought of seeing it unveiled makes me feel quite bilious.
The more that this duo try to hide the more newsworthy it becomes. This is something they have forgotten.

Philip Grant said...

Thank you, Mike and Anonymous (12 July at 20:42) for your cautionary advice.

It could be even worse if the secrets they are covering up were to be fully exposed - The Full MOnty!


Philip Grant said...

I'm afraid that it's not as simple as that, Anonymous (12 July at 20:33).

In order to get away with it, you would need the full co-operation of the Council's (interim) Chief Executive, a friend of yours who you had recommended for the job when the Council Leader had fallen out with, and got rid of, the existing Chief Executive.

Then, of course, you would have to get your schemes approved, with the support of the Executive / Cabinet (chaired by the Leader of the Council), by the General Purposes Committee (also chaired by the Leader of the Council).

So, you can only get away with such highly questionable activities if you have friends in high places!


Philip Grant said...


In my comment of 12 July above, I mentioned Ms Davani's company, Cara Davani Ltd.

It appears that the Cara Davani name no longer carries the kudos that it used to, as I have noticed that the name of the company was changed in February 2016 to HUMAN RESOURCES & EMPLOYMENT LAW CONSULTANCY LTD.

Perhaps, after a "career break", Ms Davani and her Employment Lawyer partner, Andy Potts, are back in business again.


Philip Grant said...

Martin has published my guest blog / extended comment about the Council debate, and how it failed to deal with the outstanding points from the Rosemarie Clarke case. If you would like to read it, here is the link: