Guest blog by Philip Grant. The Equalities Committee agenda and papers can be found HERE
Open Letter to Equalities Committee, 9 July 2015
Dear Councillors
Pavey, Harrison, Kansagra, Tatler and Thomas,
Congratulations on
the first meeting of this new committee next Monday, and my best wishes for its
efforts to help improve equalities and HR management at Brent Council. I will
not be able to attend that meeting in person, so have not asked to speak as a
Deputation at it, but there are points which I would like to make in respect of
both main items on your agenda. I will set these out below in this open letter,
and hope that you will be able to find time to read my views, and take them
into account in your discussions.
Item 5 – Equalities and HR review: action plan
Cllr. Pavey is
aware of my views on this matter, but I need to set them out for other
committee members, and by way of introduction to my second point below. I had
hoped to make this point to Scrutiny Committee on 30 April 2015, but was not
allowed to present my Deputation there.
The point relates
to Section 2 of the draft Action Plan [see page 5 of equalities-hr-review-app2]. This was prepared by Cara Davani, until
recently Brent’s Director of HR and Administration, and is entitled ‘Achieving
Excellence in Employment Policies’.
I am deeply
concerned at one of the “success criteria” which she proposed. This reads:
‘Number
of employment tribunals is low against benchmarked councils (benchmarks TBA)
and ET cases are successfully defended.’
It is the second
part of this that I find most worrying. “Success”, according to Ms Davani,
should be measured by successfully defending Employment Tribunal cases. The
risk of setting such a “target” is that it might encourage Council staff
involved in these cases to fabricate or falsify the evidence that they
give.
You may consider
that such a concern is far-fetched, but in the Rosemarie Clarke Employment
Tribunal case (which Cllr. Pavey’s review was set up to learn the lessons from),
a key factor
in the finding of ‘racial discrimination’ against Brent Council was the decision to continue disciplinary proceedings against Ms Clarke after she had ceased to be a Council employee. In Para. 240 of the judgment in that case it says:
in the finding of ‘racial discrimination’ against Brent Council was the decision to continue disciplinary proceedings against Ms Clarke after she had ceased to be a Council employee. In Para. 240 of the judgment in that case it says:
‘With
regards to the decision being taken to pursue disciplinary action against the
claimant [Ms Clarke], following the
termination of her employment, the respondents [Brent Council and Cara Davani] have been unable to state by whom or
when that decision was made.’
As there would have
been very few Council employees who could have made that decision, and at least
some of those were witnesses at the Tribunal, this totally undermined the
credibility of the Council’s evidence. It is quite likely that one or more of
those witnesses was willing to commit perjury in order to cover up who had made
the decision, and why it was made, in an attempt to conceal from the Tribunal
facts that would have added to the evidence in support of Ms Clarke’s claim.
I do not believe
that this was an isolated case of fabricated or false evidence being used by
Brent Council in Employment Tribunal cases. I have heard, from someone close to
the former Brent Libraries employee involved, although I do not know the full
facts or have evidence
to support the accusation, that false evidence was given at a Tribunal where Brent was “successful” in defending a claim against it for unfair dismissal. In another case (see my P.S. at the end of this letter for details), Brent had to concede a claim against it for unfair dismissal when it realised that its false evidence would not stand up to close examination by the Tribunal.
to support the accusation, that false evidence was given at a Tribunal where Brent was “successful” in defending a claim against it for unfair dismissal. In another case (see my P.S. at the end of this letter for details), Brent had to concede a claim against it for unfair dismissal when it realised that its false evidence would not stand up to close examination by the Tribunal.
I would strongly suggest
that the “success criteria” I referred to above should be deleted from the
Action Plan. “Success” over Employment Tribunals is having none, and to achieve
this I would suggest that the “criteria” should be:
100% of
managers honour in practice the core value set out in Cllr. Pavey’s
review: ‘Every Brent Council employee
deserves to be treated with dignity and respect.’