Ex Brent Council manager slams decision to appeal Employment Tribunal Judgment and failure to order independent investigation

Christine Collins, who used to be Community Engagement Manager at Brent Council, took to a Soapbox at Wembley Connects tonight to lambast the Council's decision to appeal over the recent Employment Tribunal case and its failure to appoint an independent investigator to review the workings of the Human Resources Department.

Collins told the audience that they may recognise her (she used to be the officer facilitating such events) but that she was now speaking in a personal capacity.

She said that she wanted to talk about the Employment Tribunal findings in a case against the Council which found that:

• a black staff member was directly discriminated against on the protected characteristics of race
• the claimant suffered victimisation
• the claimant was constructively dismissed

Christine Collins said that she had read the full findings and the picture painted of employment at Brent Council over the last couple of years was 'horribly familiar'.

She explained that in the summer she was proud to stand side by side with Brent councillors in Cricklewood to stop a group of racists and fascists from ;marching through our streets to divide our community.'

'Imagine my disappointment,' she went on, ' to learn how these same councillors have reacted to the Employment Tribunal findings.'

Collins said that she had expected a council committed to fighting racism and supporting diversity in its employment practices, to be horrified by the findings, sympathetic to the member of staff who was treated so appallingly and anxious to ensure that the climate  of fear and bullying was fully and independently investigated.

Instead the council had decided to appeal the decision which would put the staff member through further stress and anxiety. In addition they had decided to appoint 'one of their own to investigate.'

Pausing to look up from her speech and addressing the councillors and residents assembled at  Patidar House she said:

 'I say "Shame on you Brent Council!"'

Concluding her speech Christine Collins called on Brent councillors to accept the Tribunal findings and have a totally independent review of the conduct of Human Resources in Brent Council:

They are happy to take on large numbers of external consultants to carry out reviews of all kinds of things - why not this? If they are so convinced there is nothing seriously wrong, what have they got to hide?

Brent Council leader Cllr Muhammed Butt arrived late to the forum but asked to comment on the Employment Tribunal by Cllr Krupa Sheth, chair of  Wembley Connects, said that the council had to  'undertake due process' in making the appeal and that 'both sides have to be heard',

Challenged by residents with cries of 'nonsense' he became increasingly angry and stumbled over his words. Directly asked if he would order an independent investigation he said 'No' and claimed that Michael Pavey's review would hear from staff and independent consultants.

The audience reacted with derision and calls of 'shame'.

‘And the Brent Staff Achievement Award 2014 goes to ….ROSEMARIE CLARKE!’

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Leader of Council, CEO and Head of HR  celebrate popular public verdict.     

 Guest Blog by  ‘E.Tribunal’

Nice idea? Here’s how to achieve it. Every year London Borough of Brent asks for nominations from the public for staff members who have ‘gone the extra mile’ and deserve recognition for outstanding achievement. The nomination form is here  http://brent.gov.uk/your-council/staff-awards-2014/nomination-form/

I’ve just filled one in as follows:  

NAME:   ROSEMARIE CLARK       

DEPT:  HR        ADDRESS EMPLOYEE IS BASED AT:  CIVIC CENTRE                                                                    

REASONS FOR NOMINATION:  ROSEMARIE HAS BEEN AN EXAMPLE TO HER COLLEAGUES AND TO THE PEOPLE OF BRENT IN HER BRAVE FIGHT TO ACHIEVE JUSTICE IN THE FACE OF RACIAL DISCRIMINATION , VICTIMISATION AND WORKPLACE BULLYING (I don’t have copyright on any of these words so please help yourself). 

I then filled in my name, address and email address. Given the climate of intimidation which exists, some people may find that part problematic. However, everyone has friends and relations who will have heard of Rosemarie’s experiences (or will be happy to learn of them now) and that knowledge will qualify them to vote and will validate their votes in turn.    WM readers will need no reminding that knowledge is power and modern technology presents us with infinite ways of both spreading the knowledge of Brent employees’ achievements and, at the same time, spreading the means by which people can vote on that knowledge.

 One other point: some may wonder whether Rosemarie Clarke, who is actually no longer a Brent employee,  qualifies for nomination; it would hardly reflect well on Brent Council, though, if this were to be raised as an objection given that the recent Watford Employment Tribunal’s verdict made clear that the responsibility for Rosemarie’s constructive dismissal was entirely that of Cara Davani, Christine Gilbert  and the rest of their friends on Brent Council, precisely the people who will most loudly be celebrating the presentation of these awards. Attempting to block nominations would only draw more attention to the Employment Tribunal’s findings.  Spread the word!

CLOSING DATE FOR NOMINATIONS IS  OCTOBER 17: DON’T DELAY, VOTE TODAY

Brent TUC and ex-Labour councillor join call for independent investigation into Brent Council following racism judgment

Brent Trades Union Council (Brent TUC) has followed Brent Green Party in calling for an independent investigation into Brent Council and their Corporate Management Team:

This is the resolution passed at their meeting yesterday:

DEMAND FOR AN INDEPENDENT INQUIRY INTO BRENT COUNCIL AND THEIR CORPORATE MANAGEMENT TEAM

Brent Trades Union Council considers that the Employment Tribunal judgement that Brent Council has been guilty of racial discrimination, victimisation and constructive dismissal brings shame on the Council, especially in a borough that rightly prides itself on its diversity.

We call for the dismissal of Cara Davani, whose position is now clearly untenable, using the Council’s disciplinary procedures.  

In the light of the tribunal findings, we call for an investigation headed by an independent expert in race relations acceptable to both Councillors and Council Unions of:

1. The extent of racism and discriminatory practices within the Council;

2.  The working culture of the Human Resources department;
3.  Brent Council's Whistle Blowing Policy to ensure that it adequately protects whistle-blowers from harassment and retribution;

4. Corporate Management Team officers being paid through their private companies rather than normal payroll;
5. The contractual arrangements for CMT officers and interim appointments;
6. Previous employment and business connections between senior offices appointed by Brent Council on an interim basis.

In addition former Labour councillor and member of the Labour Representation Committee, Graham Durham has written to all the current Labour councillors:

I trust you have read of the finding of race discrimination, victimisation and constructive dismissal against Brent Council.

I recommend that you find time to read the full report of the case ( Employment Tribunal Case Number 3302741/2013.)

I  am sure you will agree that this is a shocking indictment  of an  individual senior manager but also  of the apparent culture which was allowed to flourish in Brent Council management. It is a disgrace to all of us in Brent and especially to the Labour Party which was in control of the Council throughout the period referred.

I am sure that you will want to ensure appropriate disciplinary action commences promptly. Perhaps more importantly I hope you will support the demand of Brent Trades Council that an independent enquiry is established headed by an independent expert in diversity practice and with membership agreed by Council trade unions and the Council members. The enquiry should cover diversity policy, management behaviour and culture and the rights of staff to be  protected  from victimisation.

Many of you will know that Brent Council once had an international reputation for challenging racism and promoting equalities. In the 1980’s the Tory press attacked the Labour Council ,of which I was proud to be a member, for our determination to challenge decades of racist behaviour. Journalists from The Sun and other papers harassed us but we stood firm. Our stand then led to a proud history of record numbers of black councillors and MPs in Brent and for Brent having a reputation as the equality Council.

This proud reputation is now in tatters. It will be important for us to debate in the party how the Council leadership allowed this to occur.

I urge you to take immediate action to try to restore our reputation

Anger mounts over Employment Tribunal findings against Brent Council

Cara Davani

Brent Council workers and residents have reacted angrily to the Employment Tribunal findings of racial discrimination, victimisation and constructive dismissal against Brent Council and Cara Davani, Operational Director of Brent Human Resources.

Many commenting on this blog have called for sackings as a consequence of the findings. Others have raised the question of the cost of an appeal if Brent Council goes ahead with one and who should pay for it.  There is also the question of who decides on whether to mount an appeal - officers or the political leadership?

I have had to edit or delete some of the comments such are the strong feelings aroused by the case. I am at a conference today but will try and keep up with comments during the day.

Victimisation, bullying, racial and sexual discrimination alleged in Davani case

From the Get West London website LINK Reporter: Hannah Bewley

A FORMER Brent Council manager claims she was discriminated against by superiors and “bullied and undermined” despite her years of experience.

Rosemarie Clarke, 50, resigned in April last year after four years as head of learning and development, and launched an employment tribunal claim against the authority and Cara Davani, now HR director but previously on a temporary contract, for constructive dismissal, racial discrimination, sexual discrimination, victimisation, bullying and harassment and psychiatric injury.

Lawyers for the Christchurch Avenue, Harrow, inhabitent wrote in her claim: “Ms Davani’s conduct made her feel like her managerial prerogative was being continuously and seriously undermined and that her professional integrity was also being undermined.

“The claimant asserts that the respondent treated black, female managers less favourably due to their race.”

Ms Clarke cited several incidents as part of her case, for which hearings began on Monday last week at Watford Employment Tribunal.

Her claim said she and Ms Davani had a disagreement about the termination of a contract of a temporary worker, Ms M, at the council.

Ms Davani instructed Ms Clarke to tell the Ms M her contract had ended while Ms M  was on holiday because there was an issue with her performance.

Ms Clarke attempted to persuade her boss to allow a few days for Ms M to hand over to someone else after her vacation.

The claimant told the tribunal Ms Devani said: “She Ms M didn’t say hello to me in the corridor the other week, which I thought was unprofessional.”

Ms Clarke added: “It was obvious Ms Davani didn’t like [Ms M].”

Ms Clarke’s claim form said: “Despite the claimant being of the view that Ms M had done nothing wrong, Cara Davani was insistent she had to go.”

Ms Clarke also said she received an e-mail from Ms Devani instructing her to contact learning and development expert Dr Yvonne Foster, who had previously worked with Ms Davani.

Ms Clarke said in reply she had adequate staffing levels and claims Ms Davani told her she should “find her [Dr Foster] something to do”.

Ms Clarke said: “I was being pressured to contact Yvonne Foster and offer her a job in my team.”

The claimant said she “wasn’t happy” about being shouted at by Ms Davani during an Investors in People accreditation meeting.

Ms Clarke resigned after being suspended in February over allegations of gross misconduct for alleged failure to follow reasonable management instructions.

Copland victimisations: glimmer of hope?

Guest post by Mistleflower:

Michael Pavey, head of  Children and Families for Brent, yesterday posted this reply to a comment on my earlier post  ‘Deafening silence on Copland victimisation allegations’. LINK

‘ I met with the Unions last week and discussed these matters in detail. It's not appropriate to disclose our discussions with anonymous people on blogs but I'll continue to meet them and to take their concerns very seriously’

I may be being optimistic but, reading between the lines, it may be that Mr Pavey was as dismayed as Copland staff were by the tactics attempted  by Mr Marshall and Mr John  since they were drafted in to the school a few weeks ago:  victimisation, misuse of capability procedures  and threats of redundancy to those heads of department  unwilling to set up their own colleagues for redundancy.  

 Let’s hope that Mr Pavey  has,  now he’s been made aware of what’s been going on,‘had a word’. The test of this will be the future behaviour of the new management  but at least some  context has now been established. For now, the petty and vindictive treatment of the Humanities department ( or those few who remain) needs to be abandoned.

As far as the use of anonymity is concerned, this  is unfortunately  inevitable when a climate of fear has been intentionally introduced by managers  as a way of closing down open comment and discussion. There is a simple solution to this: regular and acknowledged communication based on mutual respect between management and genuine representatives of staff at  scheduled  meetings which are not unilaterally cancelled (or ‘postponed)’  and through  which management and genuine staff representatives attempt to come to agreement  in a civilised, professional  and collegiate fashion.  If someone hasn’t already stolen the name it could perhaps be called the ‘JCC’.