Showing posts with label Rosemarie Clarke. Show all posts
Showing posts with label Rosemarie Clarke. Show all posts

Saturday 21 November 2015

Brent’s Coat of Arms – some thoughts on history, and on justice

Guest bog by Philip Grant
The Coat of Arms which used to grace the front of Brent Town Hall in Forty Lane has been preserved, and will shortly be on display in the Civic Centre. A few weeks ago, I was contacted by Brent’s Regeneration Department, and asked if I would ‘review for accuracy’ the proposed text of the sign which would be displayed alongside it. As a keen local historian, I was happy to assist them, and was able to correct several minor errors and suggest some improvements. The resulting text and artwork for the sign can be seen below.



This coat of arms used to appear on Brent Council’s letterhead, and on various Council publications, but in recent years has been replaced by a modern branding logo. Looking at the coat of arms again, and the civic messages it conveys, has given me some thoughts which I will share with you here. Please feel free to add your own thoughts as “comments” below.

The designers could not use all of the information which I supplied. One of the details left out, about the banner held by the lion (taken from Wembley’s coat of arms), was that it shows the scales of justice, and commemorates the Saxon moot court held at a site near the present-day Kingsbury Circle. There was a form of local government here a thousand years ago, when Wembley was part of an area of Middlesex known as the Hundred of Gore. The name had nothing to do with blood, but with the triangular spear-head shape of the small field where the Hundred’s inhabitants used to meet.

The Moot (or meeting) for each Hundred was held in the open air on a regular basis, to discuss any problems, disputes or petty crimes which had arisen in the Hundred since the last meeting. The parties to an issue raised would put their case, anyone else who had a point to make could do so, and the matter would then be decided by a vote. The majority view decided the issue, and everyone was expected to accept it.

Illustration of a Saxon Moot, from “Wembley through the Ages” by the Rev. H.W.R. Elsley

I do not know how well this early system of local government worked in practice, but both Wembley (in the 1930’s) and Brent (when it was formed in 1965) were keen to use the symbol of the scales of justice, to show their commitment to fairness for all, which is what the Moot was meant to deliver. 
 
With over 300,000 inhabitants, it is not possible for the people of our borough to meet together in a field for an open discussion of issues which are then decided by a majority vote. Once every four years, we elect 63 councillors to represent us, in the expectation that they will hear the facts and evidence on matters of local concern, debate them and reach decisions democratically. Like the Saxon villagers of old, we have the right to attend Council meetings, and for several years we have been able to watch and listen to Full Council meetings online. In June 2014, we were given the hope that we could participate in our modern version of the Moot, when “Deputations” were introduced. The Council Leader explained the purpose of these in the “Brent & Kilburn Times” (12 June 2014) as follows:

‘Cllr Butt said, “New proposals allow the public to speak in council meetings for the first time ever is aimed at bettering how the community engages with the council and allows residents to hold us to account.” ‘

So far, in my experience, this measure to bring more openness into Brent’s local democracy has not lived up to its original promise.

Martin Francis made the first request to present a Deputation in September 2014, on the (overdue) appointment of a permanent Chief Executive. He was denied the chance to speak, on the grounds that he had not given sufficient notice (even though he did so within the time set out in a “tweeted” invitation issued by Brent Council itself) LINK 

I have given valid notice to make Deputations a number of times, but have never been allowed to present them. I asked Scrutiny Committee, in November 2014, to allow me to make a Deputation seeking scrutiny of Brent’s decision to appeal against the Employment Tribunal judgement in the Rosemarie Clarke case. They were persuaded not to hear me, by misleading advice from Brent’s then Legal Director (who had a clear conflict of interests in the matter). LINK 

At the end of April 2015, I gave notice to make a Deputation about the Equalities and HR Policies and Practices Review, which was on the Scrutiny Committee agenda. I was told that I could do so, but only if I did not refer to the Rosemarie Clarke Employment Tribunal case, which the review had been set up to learn the lessons from. Although I explained why it would be both relevant and reasonable to refer to that case, the committee accepted the advice of Council lawyers that I should not be allowed to speak on those terms. LINK
 

A year after Martin’s first attempt, I asked to present a Deputation to Full Council, to welcome the new Chief Executive, and to emphasise the importance of high standards of conduct in carrying out Council business. On this occasion, I was prevented from speaking only by the personal discretion of the Chief Legal Officer, who wrongly claimed that my proposed subject was ‘inappropriate’, and ‘in reality, a complaint about how the Council has handled your request for greater transparency.’ LINK
 

Does Brent Council still uphold the spirit of fairness that its use of the scales of justice in its Coat of Arms was meant to show? You can add your answers, whether “yes” or “no”, as comments below. Personally, I hope that the presence of the Coat of Arms, on display in the Civic Centre, will be a reminder to councillors and Council Officers of the standards that, historically, Brent should be aspiring to.

Philip Grant

  Text and artwork for the proposed sign at Brent Civic Centre

 

Friday 18 September 2015

Brent Council settles Employment Tribunal compensation out of court

Ten minutes before the Employment Tribunal remedy hearing was due to start at Watford Tribunal on Wednesday  Brent Council settled with Rosemarie Clarke's legal team out of court.

Although details are subject to a Confidentiality Agreement an award would normally cover legal costs and loss of earnings.

This marks almost the last chapter in the saga with the main protagonists including Cara Davani, Andy Potts, Fiona Ledden and Christine Gilbert no longer employed by Brent Council.

Muhammed Butt, a stout defender of Cara Davani, remains in post and of course Philip Grant's two questions remain unanswered.

Monday 7 September 2015

Brent Labour support gag on deputation on need for high standards in carrying out council business


 This is the deputation Philip Grant would have given at tonight's Full Brent Council Meeting if he had he not been forbidden to do so by Fiona Alderman,Brent Chief Legal Officer. Challenged to give her reasons for the ban she repeated the contents of an email she sent to Philip Grant last Wednesday.  He had replied to that response setting out the reasons his deputation should be allowed. He sent her a copy of the deputation so that she could see for herself that it was not a campaign and not a personal attack on individuals. She did not refer to this in her account to Full Council..

When Cllr Warren moved suspension of standing orders to hear Philip Grant's deputation only Brondesburty Park Conservatives voted for it. Most Labour  councillors voted against with Cllr Duffy and Crane and the Kenton Conservatives abstaining.

The importance of high standards of conduct in carrying out the functions of
Brent Council.



I am here as an individual, but I hope that the many Brent residents and staff who have raised similar concerns will feel that I am speaking for them as well.

I would like to welcome Carolyn Downs to Brent. She has a very important job as Brent’s new Chief Executive, and a key part of that role is in setting an example of the highest standards of conduct to the staff she leads. Those standards are summed-up by the principles of integrity, selflessness, objectivity, accountability, openness, honesty and leadership.
I know that I am not the only Brent resident who feels that these high standards of conduct have been allowed to slip by some senior figures at Brent in recent years. I can illustrate what I mean through a recent example, where proper accountability and openness does not appear to have been shown by Ms Downs’ predecessor.
In June 2015 it was announced that Brent’s Director of HR was leaving the Council, to take a career break. Many were surprised that she had been allowed to stay in post, following findings of fact made against her a year ago by an Employment Tribunal. It found that she had victimised, and facilitated the constructive dismissal of, a fellow officer who had complained of being bullied by her.  

Rumours quickly emerged from the Civic Centre that the departing Director of HR was receiving a “pay off” from Brent. Serious concerns about this were raised, by me and others, from 12 June onwards. The original questions to the interim Chief Executive were dismissed on 8 July with the statement: 

I am advised that the Council cannot legally disclose any details of the arrangements relating to Ms Davani’s departure.’
On 9 July I asked the interim Chief Executive two simple questions which did not require the disclosure of any details of the arrangements. Those questions are still unanswered, despite reminders from me, and requests from a number of individual Labour councillors, and the leaders of both Conservative groups. 

I would ask the Council and its Officers for the honest answers to them now:

1. Can Brent Council confirm that there has not been, and that there will not be, any financial payment by the Council to Cara Davani in connection with her leaving the Council’s employment as Director of HR and Administration, other than her normal salary payment up to 30 June 2015?  YES or NO.
2. Can Brent Council confirm that it has not agreed, and will not agree, to pay any award of compensation, damages or costs made against Cara Davani personally, as a separately named respondent from Brent Council, in any Employment Tribunal or other legal proceedings in which she and the Council are named parties?   YES or NO.

It is important that these questions should be answered. If you don’t, people will rightly ask: “what are they hiding, and WHY?” If either or both of the answers is “no”, councillors, staff and residents should be told who made the decisions over the “pay off”, and why it was considered to be justified.

All of you, as Brent’s councillors, have a duty to satisfy yourselves that any such “pay off” is not a mis-use of Council funds. 

·      Ask yourselves, why shouldn’t Brent respect the judgement of an independent Tribunal, if it decides that an award should be made against Ms Davani personally?
·      Why shouldn’t your Scrutiny Committee, meeting this Wednesday, use its power to scrutinise the decisions in this matter?
·      What will you say to your constituents, when you have to make further cuts to their services, and they ask why you turned a blind eye to the “pay off” to Ms Davani?
In a farewell message to the Council’s staff in September 2012, after he had ‘agreed with the political leadership to move on’, Gareth Daniel said:
‘I believe that personal integrity is the foundation for good governance, and without it everything else is lost.’

The ‘few months’ we were promised it would take to recruit a new Chief Executive has turned into three years, and the high standards he set have been allowed to slip. I would urge both councillors and Council Officers to make answering my two questions the first step in putting high standards of conduct at the heart of how our borough is run, under Carolyn Downs’ stewardship.

Thank you.

Philip Grant
7 September 2015

Friday 4 September 2015

Brent Council to debate call for Independent Inquiry into Rosemarie Clarke case on Monday

The Brent Conservative Group motion on the Rosemarie Clarke case has been redrafted LINK and accepted by Fiona Alderman Brent's Chief Legal officer. It will now be circulated for debate at Monday's Full Council Meeting (7pm Brent Civic Centre).

The motion now reads:

This Council agrees to an independent inquiry into all aspects of the Rosemarie Clarke Employment Tribunal case.

This Council agrees that the inquiry shall commence at the conclusion of the Tribunal remedy hearing.We further agree that the inquiry costs shall be funded from reserves and that the new Chief Executive shall be charged with setting up the inquiry panel.

The new Chief Executive will have overall responsibility for setting the terms of reference,but this Council agrees that the following questions will be included in the terms of reference.........

1.What was the rationale behind the Council initially bringing disciplinary action against the claimant and was it fair and reasonable?

2. Why did the Council pursue this matter so vigorously through the Tribunal......and was it fair and reasonable?

3. What part,if any ,did this case figure in the departure of senior management from Brent?

4. What were the financial arrangements behind the second respondent's departure from Brent,including any indemnity given in respect of Tribunal costs awarded specifically against the second respondent?

5. What role did Cllr. Butt play throughout this case?

6. What were the total costs in this case ......and was it a fair and reasonable way to spend Council taxpayer monies?

7. What reputational damage, if any, has this case done to Brent Council?
This Council believes that this is an important independent inquiry, and that both Brent Council staff and Brent residents would support such an inquiry.

Wednesday 2 September 2015

MORE BRENT COUNCIL SCANDAL! Now they ban opposition motion seeking the truth

On top of the denial of a deputation to Philip Grant (see posting below) Brent Council has now advised that a  motion for Monday's Council Meeting from the Brent Conservative Group should not be moved or accepted as drafted:

This is the message received by Cllr John Warren: 

Dear Councillor Warren

I have reviewed the Motion selected by the Brent Conservative Group.  My advice would be that it is not appropriate for individual, current employees or former employees of the Council to be named in this context in a Council motion and that the Motion should not be moved or accepted as drafted.

Kind regards,  

Fiona Alderman Chief Legal Officer Chief Operating Officer’s Department
Wembley Matters won't be silenced so here is the motion:
This Council agrees to an independent inquiry into all aspects of the Rosemarie Clarke Employment Tribunal case.

This Council agrees that the inquiry shall commence at the conclusion of the Tribunal remedy hearing. We further agree that the inquiry costs shall be funded from reserves ,and that the new Chief Executive shall be charged with setting up the inquiry panel.

The new Chief Executive will have overall responsibility for setting the terms of reference, but this Council agrees that the following questions will be included in the terms of reference...........

1. What was the rationale behind the Council initially bringing disciplinary action against M/ s Clarke.... and was it fair and reasonable?

2.Why did the Council pursue this matter so vigorously through the Tribunal ......and was it fair and reasonable?

3. What part, if any, did this case figure in the departure of Fiona Ledden from Brent?

4.What part, if any, did this case figure in the departure of Cara Davani from Brent?

5. What were the financial arrangements behind Ms Davani ‘s departure from Brent, including any Brent  indemnity given to Ms Davani in respect of Tribunal costs awarded against her personally?

6. What part, if any, did this case figure in the departure of Christine Gilbert from Brent?

7. What part did Cllr. Butt play in this case throughout its course?

8. What were the total costs in this case.......and was it a fair and reasonable way to spend Council taxpayer monies?

This Council believes this  is an important independent inquiry, and that both Brent Council staff and Brent residents would support such an inquiry

Thursday 27 August 2015

Truth or Cover Up? Brondesbury Park Conservatives table motion calling for independent inquiry into Clarke-Davani case

Brondesbury Park  Conservative ward councillors have tabled the following motion for the full Brent Council Meeting to be held on September 7th 2015:

This Council agrees to an independent inquiry into all aspects of the Rosemarie Clarke Employment Tribunal case.

This Council agrees that the inquiry shall commence at the conclusion of the Tribunal remedy hearing. We further agree that the inquiry costs shall be funded from reserves ,and that the new Chief Executive shall be charged with setting up the inquiry panel.

The new Chief Executive will have overall responsibility for setting the terms of reference, but this Council agrees that the following questions will be included in the terms of reference...........

1. What was the rationale behind the Council initially bringing disciplinary action against M/ s Clarke.... and was it fair and reasonable?

2.Why did the Council pursue this matter so vigorously through the Tribunal ......and was it fair and reasonable?

3. What part ,if any, did this case figure in the departure of Fiona Ledden from Brent?

4.What part, if any, did this case figure in the departure of Cara Davani from Brent?

5. What were the financial arrangements behind Ms Davani ‘s departure from Brent, including any Brent  indemnity given to Ms Davani in respect of Tribunal costs awarded against her personally?

6. What part, if any, did this case figure in the departure of Christine Gilbert from Brent?

7. What part did Cllr. Butt play in this case throughout its course?

8. What were the total costs in this case.......and was it a fair and reasonable way to spend Council taxpayer monies?

This Council believes this  is an important independent inquiry, and that both Brent Council staff and Brent residents would support such an inquiry

Monday 17 August 2015

Cllr Butt challenged on 'untruths' and 'misrepresentation' in Davani case

Philip Grant has written to Cllr Muhammed Butt drawing his attention to the letter published in last week's Kilburn Times (see below) .

Philip said, 'You are welcome to reply to it, either to the newspaper or personally to me, if you feel that I have misrepresented anything. I look forward to hearing from you.'
 
Butt’s statement on the Rosemarie Clarke case, which Philip’s letter in the newspaper was responding to, was originally issued privately, just to Brent's councillors in their weekly "Members' Information Bulletin", claiming to set out the facts of the case, allegedly in the light of  'untruths' and 'misrepresentation of the judgement' by unnamed persons. Those people only had the chance of a "right of reply" after his statement was leaked to "Wembley Matters". 


Monday 3 August 2015

PAY OFF FOB OFF: Christine Gilbert’s “answer” to the questions about a “pay off” by Brent to Cara Davani

Guest blog by Philip Grant
 
Christine Gilbert promised me a reply by today to the two questions I had first put to her on 9 July, and repeated in my open letter to her a week later. 

I said that I would share her reply with “Wembley Matters” readers, and it came in an email to me at 5.55pm today:

Dear Mr Grant, 
Thank you for your various letters and emails to the Chief Executive in relation to Cara Davani, which have been passed to me for reply.

Ms Davani, then Director of HR and Administration, left the council at the end of June 2015.  The council is grateful for the significant contribution Cara made over the last three years.
The council cannot legally disclose any details of the arrangements relating to Ms Davani’s departure.  
In relation to your separate question regarding compensation, the remedies hearing in the case of Ms Clarke has not yet determined any compensation award and, as such it would not be appropriate to comment further at this stage.

Yours sincerely 
Fiona Alderman
Chief Legal Officer

The heading to Ms Alderman’s email was “Recent correspondence”. I replied to it at 8.50pm today, under the heading “Re: Recent correspondence about possible "pay off" to Cara Davani, and your failure to reply to it”, as follows:-

‘Dear Ms Gilbert and Ms Alderman,

I am replying to Ms Alderman’s email to me today at 17:55, headed “Recent correspondence”. I am also writing this to Ms Gilbert, who my correspondence was addressed to, and who must accept the responsibility for answering the two questions which I raised, as Brent’s interim Chief Executive and its Head of Paid Service, and as the person who must know the answers to those questions.

The main statement in your email of 3 August is in exactly the same words as Ms Gilbert’s email to me of 8 July:
‘The council cannot legally disclose any details of the arrangements relating to Ms Davani’s departure.’
You have not explained why you believe you 'cannot legally disclose', although that is not the main point here. The original reply in these words was to an email of 30 June in which I had made a formal request for information including details of amounts and arrangements in connection with Ms Davani’s departure from Brent Council. You are now using the same reply to my email request of 9 July, repeated in my open letter to Christine Gilbert of 16 July. That request was specifically drafted so that Ms Gilbert did not have to disclose any details of the arrangements relating to Ms Davani’s departure. That request has not been replied to, and I will set it out again here:
‘I believe it is reasonable to ask you again to reply, openly and honestly, to Council staff, elected councillors and publicly to Brent’s residents, to the two simple “yes” or “no” questions I put to you:

1. Can Brent Council confirm that there has not been, and that there will not be, any financial payment by the Council to Cara Davani in connection with her leaving the Council's employment as Director of HR and Administration, other than her normal salary payment up to 30 June 2015?   YES or NO.
2. Can Brent Council confirm that it has not agreed, and will not agree, to pay any award of compensation, damages or costs made against Cara Davani personally, as a separately named respondent from Brent Council, in any Employment Tribunal or other legal proceedings in which she and the Council are named parties?   YES or NO.’

After I first put these questions, Ms Gilbert replied on 10 July: ‘I have passed these to Ms Fiona Alderman, Chief Legal Officer, for her consideration. She will respond to you in due course.’ I now wonder whether her instruction to Ms Alderman was not ‘please reply to these questions on my behalf’, but ‘please find an excuse for not replying to these questions, and delay responding to the email for as long as possible’. 

The whole point of this correspondence, from my point of view, has been to highlight the serious concerns which many people have expressed over rumours of a “pay off” by Brent to Cara Davani, and to seek to resolve those concerns by either getting confirmation that the rumours are unfounded, or by getting those responsible for deciding on such a “pay off” to explain their reasons for agreeing it. That is what Brent’s Constitution, and the principles of conduct in public life, expect of you as senior Council officers in delivering openness and accountability. Instead you seem determined to prevaricate, and not to resolve those serious concerns, which I know that a number of elected councillors share. 

I would ask you to read again my open letter to Christine Gilbert of 16 July 2015, and the question which I included in the letter which I had published in the “Brent & Kilburn Times”:
‘What are senior officers at Brent Council trying to hide from us, and why?’
I acknowledge that Ms Alderman did refer to my second question in her email to me today, saying: 
‘In relation to your separate question regarding compensation, the remedies hearing in the case of Ms Clarke has not yet determined any compensation award and, as such it would not be appropriate to comment further at this stage.’
I accept that the remedies hearing has yet been finalised, but that does not mean that the question I asked cannot be answered now. If Brent has not agreed ‘to pay any award of compensation, damages or costs made against Cara Davani personally, as a separately named respondent from Brent Council,’ then the answer to that question should be “yes”. If the Employment Tribunal, based on all the evidence that it heard and read, and the findings of fact that it made from that evidence, decides that any compensation, damages or costs should be awarded against Ms Davani personally, as distinct from the award(s) that it will decide to make against Brent Council (on the basis of its judgement of September 2014), then Brent Council should accept the Tribunal’s decision, and its Chief Executive should commit the Council to do so. 

It might be argued that Brent Council should pay all of the compensation, damages and costs awarded to Ms Clarke, as Ms Davani, though a separately named respondent in the case, was acting as an employee of Brent Council. I dealt with this point in my first email raising concerns over this matter, of 12 June 2015 to my Fryent Ward councillors and copied to the Chief Executive, explaining why, if any award were made against Ms Davani personally, Brent should not pick up the bill:
‘At first sight, this may sound vindictive, as the case relates to actions she took while Brent's Head of HR (although she held this role up to 31 March 2013 as a self-employed interim consultant) and as interim, then formally appointed, Operational Director of HR. However, it is clear from the evidence and findings of fact in the Tribunal judgement that her actions against Ms Clarke were totally contrary to the Council's HR policy and practices, and that her victimisation of Ms Clarke was done for reasons of personal spite, as a result of Ms Clarke complaining of being bullied and harassed by Ms Davani. Her actions were therefore not in the proper performance of her duties, particularly when those duties were of Brent's most senior HR officer, who should have been leading by example.’
I would only add that, in these circumstances, any payment by Brent of any awards made against Ms Davani personally would be a misuse of Council funds.

I look forward to receiving from Christine Gilbert her honest answers to the two simple “yes” or “no” questions above by the end of this week.

I am copying this email to the councillors to whom our previous correspondence on this matter was copied, and will also make it openly available, in the public interest.

Yours sincerely,
Philip Grant.’


Friday 17 July 2015

Open Letter to Christine Gilbert over rumoured “pay off” to Cara Davani, 16 July 2015


Guest blog by Philip Grant. Christine Gilbert is the current Chief Executive of Brent Council who is due to leave after the summer.

Dear Ms Gilbert,

Further to our recent email correspondence, to which I have still to receive a satisfactory reply, either from you or on your behalf, I regret that I have had to resort to sending a letter to the editor of the “Brent & Kilburn Times”, which was published today, and to writing this open letter to you, which I will be copying to all elected members of Brent Council, and making available to anyone who wishes to publish it.
In case you have not seen the letter in our local newspaper, here is a copy of it:-


This is a matter of genuine public concern. You may feel that it is “none of my business”, but it is my business if money which I have contributed to through my Council Tax, and which should be used for providing local services, is being secretly paid to a former senior officer. Cara Davani left the Council at the end of June 2015, but should have resigned in September 2014 when the findings of fact in the Rosemarie Clarke Employment Tribunal case were made public. When she did not resign, it was your responsibility as interim Chief Executive and Head of Paid Service to take the appropriate action, which any other person on those facts would have seen as using the Council’s disciplinary procedures against her for the gross misconduct which the Tribunal had highlighted.
As a first step in dealing with this mess, which you have allowed to develop through trying to “sweep it under the carpet”, I believe it is reasonable to ask you again to reply, openly and honestly, to Council staff, elected councillors and publicly to Brent’s residents, to the two simple “yes” or “no” questions I put to you a week ago:
1. Can Brent Council confirm that there has not been, and that there will not be, any financial payment by the Council to Cara Davani in connection with her leaving the Council's employment as Director of HR and Administration, other than her normal salary payment up to 30 June 2015?   YES or NO.

2. Can Brent Council confirm that it has not agreed, and will not agree, to pay any award of compensation, damages or costs made against Cara Davani personally, as a separately named respondent from Brent Council, in any Employment Tribunal or other legal proceedings in which she and the Council are named parties?   YES or NO.
You know the answers to these questions, and I think it is unfair of you to have passed the matter to Brent’s Chief Legal Officer to respond to on your behalf (which she has not yet done).

As I said to you last week, if the honest answers to both of these questions is "yes", then that will be the end of the matter, and it is difficult to understand why you have delayed saying so.

If the answer to one or both of these questions is “no”, then I believe that you have a duty to disclose, particularly to elected councillors, what financial arrangements (other than her basic salary payment to 30 June 2015) have been made or agreed in Brent Council’s name for Ms Davani’s benefit, who made or agreed those arrangements, and what is considered to be the justification for them. You have tried to put off my enquiries about this matter by saying that the Council cannot ‘legally disclose’ any details, and when I hoped to raise this matter at Scrutiny Committee on Tuesday evening it was claimed (at short notice by the Head of Executive and Member Services) that it would be ‘inappropriate’ for me to raise this subject at the meeting, because of the provisions of the Data Protection Act 1998 (which “provisions” has still not been disclosed). Whatever the legal excuses, it is surely in the public interest that councillors, staff and residents can be assured that any payments were properly and fairly due.

The way that this matter has been handled by you and other senior officers gives the impression of a “cover-up”, even if the rumours of a “pay off” to Ms Davani prove to have been false. What is needed, on this and any similar issues, is transparency and accountability. I realise that you only have a short time left as Brent’s interim Chief Executive, but please act promptly to resolve this matter on a reasonable basis, so that you do not leave the borough even further in disrepute. Thank you.
 

Yours sincerely,
Philip Grant

Friday 10 July 2015

Philip Grant: Open letter to Brent Council on Equalities


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: 


‘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.


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.’