Tribunal finds employee suffered race discrimination, victimisation and constructive dismissal at hands of Brent Council

The Employment Tribunals has announced its judgment in the case of Rosemary Clarke versus the London Borough of Brent and Ms Cara Davani, Brent's Director of Human Resources.

Allegations about Ms Davani's conduct and that of other members of the Corporate Management Team at Brent Council have been the subject of serveral postings on this blog LINK, LINK, LINK   which includes a complaint to Eric Pickles about Brent Council.

Brent Green Party's concern was such that we called for an independent investigation LINK:

Brent Green Party is deeply concerned about recent revelations concerning the Corporate Management Team at Brent Council. We call for an independent investigation of:

1. Corporate Management Team officers being paid through their private companies rather than normal pay roll
2. The contractual arrangements for CMT officers and interim appointments
3. Previous employment and business connections between senior offices appointed by Brent Council on an interim basis
4. The working culture of the Human Resources department
5. Brent Council's Whistle Blowing Policy to ensure that it adequately protects whistle-blowers from harassment and retribution.

During Wembley Matters' coverage of the issue, Fiona Ledden, Head of Legal and Procurement at Brent Council asked me to remove material from this blog. I refused on the grounds of Public Interest.

The Employment Tribunals found:

• The claimant (Rosemary Clarke) has been directly discriminated against on the protected characteristics of race.
• The claimant having done a protected act has suffered victimisation.
• The first respondent (London Borough of Brent) has breached the implied term of mutal trust and confidence.
• The claimant terminated the employment relationships as a consequence of the respondent's breach.
• The claimant was constructively dismissed.

Remedies are to be considered as a remedy hearing but meanwhile Brent Council has said it will appeal.

The detailed document reveals much much about the machinations within Brent Council and in particular what it refers to as Cara Davani's micro-management style.

The Full Judgement is available at a cost of £10. Follow this LINK

Case Number 3302741/2013  Claimant Ms RC Clarke Respondents 1. London Borough of Brent 2. Ms Cara Davani  Heard at Watford Tribunals 23-24 June 2014 and 22-23 & 30 July in Chambers.

Ms Ledden recently refused my request to speak to a Full Meeting of Brent Council on the issue of the appointment of a Permanent Chief Executive.  Correspondence about this is ongoing.

Greens call for a People's Constitutional Convention following revolutionary levels of engagement in Independence Referendum

Votes at 16 Campaign reaction the day after

From the Green Party of England and Wales

Following the defeat of the “Yes” campaign in the Scottish referendum on independence, the Green Party would like to congratulate all those who were involved in mounting such an inspirational ‘Yes’ campaign.

The ‘Yes’ campaign has played a vital role in throwing-open questions about the support for our current constitutional settlement – questions that will not go away simply because of a defeat for the “Yes” campaign. The debate triggered by the referendum has illustrated how people across the country have been left feeling unrepresented and neglected by Westminster policies and politics.

It is clear that the “business as usual” approach to politics favoured by the three main parties is no longer resonating with the voting electorate.

There is now a real opportunity to mount a serious reassessment of our political system – including a debate over the introduction of a written Constitutional Convention and Bill of Rights.

Natalie Bennett, Green Party leader, said:

I congratulate the 'yes' campaigners in their positive, hopeful campaign that attracted so many to a message of real change. Despite the result, however, it is clear that real, significant constitutional change is now certain - in Scotland, and the rest of the UK.

The Coalition Parties and Labour have promised the people of Scotland 'devo-max', and many 'no' voters will have made their choice on that promise. They have to deliver on that; and those changes will also mean there has to be political change in other parts of the UK, and particularly at the Westminster parliament.

Long overdue political reform is clearly now on the public agenda. The kind of party stitch-up that saw Lords reform fall apart in this parliament cannot be allowed.

It's nearly 100 years since we had significant constitutional reform in Westminster - when women got the vote. We cannot afford for the future of our democracy to get to that anniversary in 1918 without significant change.

Yesterday Caroline Lucas, Green MP for Brighton Pavilion write this Open Letter to Messrs Cameron, Clegg and Miliband:

Whatever the outcome of today’s referendum about the future governance of Scotland, there seems to be a strong consensus that nothing will ever quite be the same again. People in Scotland have been granted their right to be heard and have used the opportunity to imagine all kinds of positive futures.
Alongside the official Yes and No campaigns, we have seen the growth of genuine grassroots movements, giving everyone a voice. Across the nation, people previously disengaged from formal politics have been passionately debating what matters to them – all because they have a decision to make in which their individual vote really will influence the outcome.

For many of these people, voting had previously become merely an exercise in democracy rather than true democracy – casting a vote made little tangible difference to the outcome of elections, let alone their day to day lives.  The referendum has newly enfranchised them because every vote counts.  It’s also invited a whole new generation of young people to shape their own futures.

We have a unique opportunity, at this point in our history, to learn from what has happened during the referendum campaign. To recognise that behind the ever declining turn out in General Elections, especially amongst young people, the disillusionment and distrust, there is another story. One in which people are not disengaged from politics, simply from a political system that is not good at listening, that conspires to keep people relatively powerless and is designed to protect the interests of a small, self-interested and wealthy elite.

You did a brave and bold thing, ceding some of your power via a referendum.
You have also made promises, in the event of a No vote, to devolve more powers to Scotland – a welcome move that that has wider implications. The next steps must not be decided without full and proper consultation with everyone affected.

So I hope you will be braver still and demonstrate a genuine commitment to democracy by supporting calls for a People’s Constitutional Convention. A Convention to explore, discuss, debate and inspire. To tackle the democratic crisis that has left far too many people feeling unrepresented, neglected and alienated by Westminster.

A continuation of the conversation that has begun in Scotland – and England and Wales and Northern Ireland – about a fairer voting system, an elected House of Lords, job sharing for MPs, lowering the voting age, giving local communities and local authorities more power, including via local referenda and citizens initiatives, more regional government and total recall for elected politicians.

It’s an idea that’s already being championed the Electoral Reform Society, Open Democracy, Compass, Involve, Democratic Audit and the chairman of House of Commons’ Political and Constitutional Reform Committee, amongst others.

Above all, it would demonstrate a genuine commitment to real democracy and embody the principle that power flows upwards from the people, not down from a centralised state. Scotland has shown that this is the way to build engagement in the decisions that affect all of our lives – by respecting, trusting and listening. This is also the way to give people hope again.

I hope you will join me in supporting a People’s Constitutional Convention as the way forward.

A petition calling for A People's Constitutional Convention is now up on the Change.Org website LINK

Wembley Asda permitted to extend Click & Collect hours despite objections from neighbours

Despite objections from neighbours Brent Council has granted planning permission to Wembley ASDA to extend the opening hours of its Click and Collect Bay by two hours daily. It can now operate until 10pm.

Five residents of 115 Chalkhill Road objected. This is what two of them said:

•  Objection: To whom it may concern, I am a resident of the block that stands directly behind the Asda home delivery unit. Since this facility has been opened a couple of weeks ago I have been constantly disturbed by the noise made by Asda home delivery workers and their vans. It's 10:57 pm now and they still pack and unpack their vans and the noise is not bearable. I must also admit that they start very early in the morning and the noise has been disturbing the whole of my family including my child, we all feel that our health has been affected by ongoing problems with noise caused by asda. I have all the emails that have been sent to yourselves, as well as emails that we as residents have received from the council workers therefore please do check your own records regarding Asda noise made by all the residents of the east side of the 115 Chalkhill road block. I have also kept audio/video records that can be used as evidence that asda do not respect the neighbourhood. I do hope that application will not be granted. If they want extension of working hours till 22:00 and currently they have it till 20:00 and they still make noise at 23:00, what would happen if they "on paper" work till 22:00?! Please kindly consider my comments, I am sure that my neighbours would certainly agree with them. Yours sincerely, Disrespected professional who would like to just relax and forget about constant problems with Asda
•  
•  Objection: Living just above the newly built Click and Collect bay, I am concerned about noise and light pollution, you will see from your records that the residents of this block have already had to file numerous complaints regarding the noise from the machinery in Asda's loading area, the car wash when it was in this location and the construction of this Click and Collect. I cannot speak for the rest of the block, but my health has certainly suffered from the incessant noise from Asda's at all hours of the day and night. I strongly object to any further changes. Please do not grant them permission to cause more disruption to the residents behind them. Thank you.

Navin Shah calls for Crossrail branch to Wembley Central and Harrow and Wealdstone

From Navin Shah's Office

 

Navin Shah AM today used his appearance at the planning inquiry into London Plan alterations to argue for a new branch of Crossrail 1 linking from Old Oak Common to Wembley, Harrow & Wealdstone, and beyond. Mr Shah argued that providing this important piece of transport infrastructure would unlock the expected development of these town centres.

The comments came at today’s session of the Examination in Public at City Hall, where the Mayor’s further alterations to the London Plan are being examined by an independent inspector.

Mr Shah also argued that the proposal to designate Harrow & Wealdstone as an Opportunity Area must not become an excuse to allow high-rise development that is inappropriate for the area. He said there must upfront funding for key infrastructure as well as genuine community involvement so that decisions about development reflect the concerns and hope of local people.

After attending the Examination in Public today, local London Assembly member Navin Shah said:

The new branch of Crossrail 1 extending from Old Oak must include stops at Wembley and at Harrow & Wealdstone, and the London Plan must be amended to reflect this. Connecting these important Opportunity Areas with the necessary transport infrastructure is vital to ensure that development is done in a way that benefits the local community, and reflects their concerns and their hopes for the area.

If Harrow & Wealdstone is going to be designated as an Opportunity Area, it must have upfront funding provision for key infrastructure works like step free access for Harrow On the Hill Station and Redevelopment of Bus Station.

The Examination in Public presents a significant opportunity to shape the London Plan, the Mayor’s strategic planning framework for London. I participated in order to stand up for the future of Brent and Harrow on key issues of concern like our need for homes and jobs, town centres, community facilities, and regeneration.

London Green Parties oppose Mayor's Development Corporation in Old Oak/Park Royal

The following  motion, proposed by Brent Green Party, has been passed unanimously by the London Federation of Green Parties.

--> “We call on the London Federation of Green Parties and the Green Party GLA members to oppose the Mayor’s plans to remove local planning powers over the Old Oak/Park Royal area as we believe this undermines local democracy and may further worsen  social and housing inequalities in order to increase private profit.”

Police pass Kensal Rise e-mail fraud information to CPS

Andrew Donald, Brent's Director of Regeneration and Mayor Projects, has told local campaigner Meg Howarth that the Brent police have passed information regarding the Kensal Rise Library Development fraudulent e-mails on to the Crown Prosecution service for their consideration.

It is not known when any further information will be available.

Fruadulent e-mails using the names and addresses of local people were submitted in support of Andrew Gillick's first planning application for the redevelopment of Kensal Rise Librray which was closed down by Brent Council.

Subsequently Brent Legal ruled that the police investigation was not something that the Brent Planning Committee could take into consideration in its decision making and Gillick's second planning application for the library site was approved.

The news comes just as the Guardian publishes a scathing article on the pressures on planning officers and local councillors from ruthless developers LINK:

One former planning officer is frank about the reality of the imbalance in our confrontational system. “If you throw enough resources at a planning application, you’re going to manage to tire everyone out,” he says. “The documentation gets more and more extensive, the phone calls get more frequent and more aggressive, the letters ever more litigious. The weight of stuff just bludgeons everyone aside, and the natural inclination is to say, ‘Oh yeah okay, I’ve had enough of this one,’ and just let it through. It’s like a war of attrition.”

It is a long article but well worth reading for local residents interested in the Quintain-Wembley, Willesden Green Library , Queensbury, Bridge Park, Alperton developments and the failure to build genuinely affordable housing or achieve amenity gains for the community.

For a Future That Doesn't Cost the Earth - Conference Saturday

Campaign Against Climate Change Conference Saturday September 20th at London Met

Saturday 20th September 2014 12.00-17.00
 Tower Building, London Metropolitan University, Holloway Road, London, N7 8DB (directly across the road from Holloway Road tube station)

During a weekend of international climate change protest, the Campaign against Climate Change Trade Union Group will be launching the new edition of the influential "One Million Climate Jobs" booklet, and making links with activists in other countries.

Key speakers include Kjersti Bartos, Vice-President of the Norwegian Confederation of Trade Unions, Fernando Losado from the US Nursing Union, and Philip Pearson, the TUC's senior officer for energy and climate change. Speakers from NUS and People & Planet will lead a workshop on "Students, Environment and Climate Jobs". There will also be Skype links with representatives of the Climate Jobs movement in South Africa and some of the US and British trade unionists who will be on the New York "People's Climate March" on September 21st.

Book your place online

Join the Facebook event

Conference Timetable

12.00 – 12.30: Registration

12.30 – 12.40: Conference opening

12.40 – 2.00: Opening plenary: "The International Fight for Climate Jobs"

Speakers:

Kjersti Barsok, Vice-President, Norwegian Confederation of Trade Unions (Oslo)
Fernando Losada, National Nurses United trade union, USA (by Skype)
Philip Pearson, TUC Senior Policy Officer for Climate Change and Energy
Dipti Bhatnagar, Friends of the Earth International, Mozambique (by Skype)
Jonathan Neale, Editor, “One Million Climate Jobs” Report

2.00 – 2.15 Break

2.15 – 3.45 Workshops:

a) "Unpacking Climate Jobs"
Lead speakers: contributors to “One Million Climate Jobs” report

b) "Building a Better Future by Campaigning for Climate Jobs"
Lead speakers:
Clara Paillard, PCS Green Rep and NW TUC
Ken Montague, Secretary, CACCTU

c) "Students, Environment, and Climate jobs"
Lead speakers:
Laura Williams, Project Officer – Green Impact, NUS
Andrew Taylor, People & Planet

3.45 - 4.00 Break

4.00 - 5.30 Closing Plenary: "Time to Act on Climate Change!"

Speakers:
Chris Baugh (Assistant General Secretary, PCS) on the New York “People’s Climate March” (by Skype)
Maxime Coombes (ATTAC, France) on mobilising for the Paris 2015 COP
Suzanne Jeffery (Chair, CACCTU) on the UK “Time to Act!” campaign.