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.

Greens protest: East Coast Mainline should stay in public hands - KINGS CROSS 11am

"The only people this decision will benefit are the shareholders at Virgin Trains and Stagecoach" says London Green Party Councillor Caroline Russell as the Green Party are set to take part in the national demonstration this Saturday against the privatisation of the East Coast railway service.

The Green Party will take part in a national demonstration this Saturday calling for the East Coast Mainline to remain in public hands and protected from privatisation.

East Coast Mainline has flourished under public ownership. Photograph courtesy of Roger Geach.

Mass protests have been organised the length and breadth of the East Coast route in response to the announcement made this Monday that the network, which has been in public ownership since 2009, is to be sold-off to Virgin Trains and Stagecoach.

This is despite the fact that, under public ownership, the network has outperformed all other railway lines and delivered the highest levels of customer service.

Pledging her party’s support for the protests, London Green Party Councillor and party spokesperson for local transport Caroline Russell said:

“It demonstrates just how ideologically committed to the selling-off of our vital public services this government is that it would take the best performing railway network out of the safety of public hands and throw it into the lion’s den of privatisation. The only people this decision will benefit are the shareholders at Virgin Trains and Stagecoach. Once again it is the public that will lose-out.

“The Green Party believes public services should be run for the benefit of the people that use them, not to make a profit for the minority who happen to own them. Only the Greens are committed to restoring the railways to public ownership and ensuring that passengers are provided with the transport service that they deserve at a price they can afford. That’s why I am proud to stand today with protesters up and down the country calling on the government to listen to their very simple message: don’t jeopardise a high quality public service just to turn a quick profit.”

The “Save the East Coast Mainline” demonstration in London takes place this Saturday 6^th December from 11am to 1pm outside King’s Cross Station.

Surviving Christmas at Brent Council?

In the run up to the 'Season of Goodwill' things are looking distinctly frosty at Brent Council despite the Christmas tree recently erected at the Civic Centre.

Relationships between Labour councillors are a little fraught as Full Council becomes a testing ground, not just about the cuts envisaged in the First Budget Reading and a a likely motion on the Employment Tribunal appeal but also over the question of whether a court order on conditions of bail will allow Cllr Zaffar Van Kalwala to attend. The ban on him entering the Civic Centre has been lifted after intervention from the courts and Labour Party region.

On the officer side the consultation on proposed cuts to the senior management team has produced some emotional scenes as it proceeds at a pace.  Fiona Ledden, whose post is proposed to be deleted, is not at work at the moment. Her automatic email message says she is away from November 28th, with no return date given. Ben Spinks' post as Assistant Chief Executive is also under threat.

However senior people will have some protection as deals are done. Not so rank and file council workers who face an unhappy Christmas contemplating the future as 4 out of 10 posts in the central departments are proposed to be cut.

It is sad to see things at such a low point as the year drags to an end.

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See Open Bethlehem on Sunday followed by discussion with the director

The Lexi Cinema will be screening the film Open Bethlehem on Sunday afternoon folowed by a discussion with the director. LINK

 Documentary director Leila Sansour returned to her home town of Bethlehem and was shocked by what she found. Arriving as the Israeli government was building a massive wall to separate the already depleted Palestinian city from its populous Jewish neighbours, she bears witness to its impact. From dirt-poor farmers whose olive groves were maliciously cut down, to families whose homes were razed to make way for the wall, the effects are unflinchingly recorded. Yet as a background to the intractable conflict, her film also observes the deep spirituality that is Bethlehem’s enduring legacy.

LEXI  CINEMA, SUNDAY DECEMBER 7th 3.30 pm
The Lexi Cinema
194b Chamberlayne Road
Kensal Rise
London NW10 3JU

Overground:  Kensal Rise (3 mins)
Tube:  Bakerloo line, Kensal Green (10 mins), Queens Park (15 mins)
Bus:  Okehampton Rd stop is right outside the door, served by 52, 452, 6, 187, 302

BOOK HERE (You can sit where you like): LINK

Youth Services face heavy Brent Council AND GLA cuts

Outside Brent Town Hall in Spring 2011

At the special meeting arrnged with then Brent Council leader, Ann John

In what might see a rerun of the 2011 youth campaign againstLabour Brent Council plans to cut the the youth service, the first reading report on the 2015-17 budget targets the Youth Service, along with Children's Centres for cuts.

The report states: The optiopns range from reveiwing the operating model (including management and infrastructure costs) to a reduction in the level of services provided.

In 2011 there was a large turnout of young people at the then Wembley Consulation Forum which won a meeting with the then Council leader Ann John.

She offered a meeting to discuss the cuts at Brent Town Hall and there was a large and articulate turnout. LINK  Among the most effective arguments were the relative costs of the Youth Service versus the cost of imprisonment for young[people who went off the rails as a consequence of the lack of facilities.

Very similar arguments are being raised about Stonebridge Adventure Playground. In 2011 the proposed cuts were reduced but some costs were saved through appointing one manager for several youth centres.

This round of cuts is far bigger than in 2011so young people have a real fight on their hands.

These proposals, along with the potential closure of Stonebridge Adventure Playground, will be a test for the Brent Youth Parliament and its capacity to stand up against the Council and represent young people's concerns.

Meanwhile the Labour Assembly Member for Brent and Harrow, Navin Shah, has condemned Boris Johnson's proposed cuts to education and youth services which will see the budger reduced from £22.6m in 2014-15 to £2.3m in 2016-17.

Navin Shah said:

The fact that Boris Johnson would even consider cuts of 90% to schemes designed to help some of Brent and Harrow’s most vulnerable young people tells you everything you need to know about his cavalier and uncaring approach to governing.

Projects to increase apprenticeships and support for people to stay on at school may seem like optional extras to Boris Johnson but for many young people they make a world of difference, helping them to get on in an increasingly competitive jobs market.

Boris Johnson may be focused on his next job in Parliament but he has a duty to responsibly see out his term working for all Londoners. These cuts however suggest more a policy of scorched earth, drastically cutting funding to important projects and leaving his successor to pick up the pieces.

Bennett: What got us into 'this mess' is the fraud, errors and mismanagement of the corrupt and still out-of-control financial sector

Summary of Green Party reactions to the Autumn Statement

·         Caroline Lucas MP on Tax avoidance announcement: ‘This is a small step in right direction - but we urgently need full tax transparency’ 
·         Green Party Leader Natalie Bennett: Problems with Autumn Statement start at foundations - deficit cannot be blamed on government spending and welfare 
·         Lucas on cold homes: No excuse left for the Government’s killer complacency on the cold homes 
·         Lucas on Fracking sovereign wealth fund: ‘It’s a cynical gimmick. The best thing for the economy and the environment is super energy efficiency, properly insulated homes and investment  in renewables,’
·         Lucas on Austerity: ‘The people did not cause the financial crash and they should not be punished for it. It’s time to expose the lie is that there is no alternative to austerity’ 

THE Government has shown what is akin to ‘killer complacency’ on cold homes in its Autumn Statement, Caroline Lucas MP has said.

While she welcomed some announcements, she said the Government’s energy policies had been ‘defined by chaos and contradictions’.

There was no excuse left for the Government’s killer complacency on the cold homes she said.

Lucas, Co-Chair of the All-Party Fuel Poverty and Energy Efficiency Group, slammed news that none of the Treasury’s planned £100 billion investment in infrastructure over the next Parliament would be allocated to measures to tackle fuel poverty, noting that allocating just two per cent of the Government’s current annual £45 billion infrastructure budget to housing retrofit would allow half a million low income homes to be made highly energy efficient every year.

The Government had displayed ‘wilful ignorance of the overwhelming fiscal, human and environmental benefits of energy efficiency* and the consequences for families and the NHS are plain to see’, she said.

She added:

“People are freezing in their homes, and it’s preventable. Cold homes cost lives and cost our NHS – to the tune of well over £1bn a year. The UK’s woefully draughty and energy-inefficient housing stock is an urgentinfrastructure priority. It makes no economic sense to ignore, but it’s exactly what the Government is doing. The Government has grossly failed the public today.

“A nationwide super energy-efficiency drive would lower household energy bills,hugely contribute to job creation and the economy, as well as being essential for carbon targets. It’s a win-win – the Government’s continued inaction flies in the face of all common sense.”

Meanwhile, responding to the Statement, Leader of The Green Party of England and Wales, Natalie Bennett, said:

 "The many problems with this Autumn Statement start with its foundations. Osborne is continuing the demonstrably false claim that our deficit problems can be blamed on government spending and welfare.

"But what got us into 'this mess' is the fraud, errors and mismanagement of the corrupt and still out-of-control financial sector.

"But to admit that would require George Osborne to explain why after more than four years in government he has not delivered the urgent action needed is to tackle the still out-of-control sector, the still too-big-to-fail banks and its hulking dominance of our imbalanced economy that sucks capital and skilled people into the City and away from places where they could be helping to improve the wellbeing of all."

On the Government’s flood defence announcement, Lucas said:

“Families have been devastated by flooding and investment in proper flood protection is critical. But the Government is offering a disingenuous, feel-good fix – dig just a little, and it’s perfectly clear that this spending falls far short of what’s actually necessary to protect homes and businesses from increased flood risk due to climate change. We also need prevention – we need concrete action and investment to tackle the roots of the issue, including climate change. This is just another example of the Government’s persistent failure to climate-proof the flooding budget.” 

Tax avoidance
Lucas said: 

 “The extent of tax avoidance, tax evasion and unpaid tax in the UK economy is staggering. The Government’s apathetic policies on corporate tax avoidance have smacked of elitist double standards. Corporate tax dodgers are allowed to get away with not paying their fair share in society, while workers and small businesses are left paying the price. Today’s announcement is a small step in right direction, but if we’re serious about stamping out tax avoidance, then we urgently need full tax transparency.”

Small business

The Leader of The Green Party of England and Wales, Natalie Bennett, said:

 "Measures to help small business are in principle welcome. Another way in which we desperately need to rebalance our economy is away from the tax-dodging, low-paying multinationals back towards strong local economies built around small businesses and cooperatives.

"But the plaster of business rate relief won't heal the gaping wound caused by parasitical multinationals. We need to make the multinationals not only pay their taxes - and it is good to see rhetoric on this, although past experience says the detail of action will need careful examination - but also pay their staff decently and give them stable, secure jobs. And we need to stop big business stamping all over small business suppliers with unacceptable payment terms, and ensure their operations obey the law." 

Lucas welcomed the Chancellor’s acknowledgement that the business rates system wasn’t working but said that whilst a review is welcome news, we also need swift, positive action now.
She said:

 “We need policies with teeth - bold plans that deliver real change for small businesses on the ground.  The vast majority of businesses in my constituency are small or micro-level, and they’re are the backbone of our local economy. As well as forming part of community life, they provide valuable services and jobs. The business owners I meet in Brighton Pavilion tell me they’re struggling with business rates. This Government says it’s pro small business, so that needs to be reflected in its policies.

“We need the local business rates relief to be expanded to benefit more small businesses, who are being crippled by high rents and high rates. The Government has dragged its feet on this for years– and a review is welcome. But Brighton’s businesses need action, now.” 

Fracking

Lucas said: 

‘The Fracking sovereign wealth fund is a cynical gimmick. The best thing for the economy and the environment is super energy efficiency, properly insulated homes and investment in renewables.’

Missing fortnight and missing documents twist in Kensal Rise Library saga

This is the notice of the Disposal of Land listed as an Asset of Community Value (Kensal Rise Library site).

It was only issued on November 27th, two weeks after Andrew Gillick, the current owner, informed Brent Council of his intentions, so there is some contention over the six week initial moratorium, starting from November 13th. Community interest groups have had public knowledge only from last Thursday.

The auction is to be held in just over two week's time on December 17th.

Meanwhile the  Communituy Infrastructure Levy Liability document and the Deed of Agreement  have not yet been uploaded to the Council's planning portal LINK

And, perhaps needless to say, no more has been heard into the police investigation into the alleged fake emails submitted to Brent Council in support of Andrew Gillick's initial planning application.

ASDA consumer 'riot' staged for press and TV?

There is a widespread belief in Wembley that 'Black Friday's' mini consumer riot at Wembley Park  ASDA on Friday was not all it seems.

Forewarned by the store, press and TV were all assembled in advance and wanted a good story of consumer greed. Eye witnesses say they  urged people on to fight for the TVs and other goods to ensure they got shocking footage and photographs for the likes of the Daily Mail LINK

The usual people then had a field day on the Daily Mail website denouncing the 'greed' and 'animal behaviour' of local people.  One Wembley local told me he felt 'ashamed' when he saw the way his community was being portrayed on the news.


The word on the street is that many of the large TVs were returned the next day with customers saying that they were 'rubbish'. Clearly it was a potentially dangerous situation and there are reports that some people sustained bumps and bruises.

In contrast, when the sale continued on Saturday with no press or TV present, everything was quite orderly.

Unconfirmed reports say that ASDA head office were not happy with the coverage.  

Meanwhile in the US workers at ASDA's parent company, Walmart, staged the third of what have become annual Black Friday strikes against low wages, poor benefits and union busting LINK