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Town clerk unfairly dismissed by council, tribunal rules
A TOWN clerk who resigned when councillors failed to properly investigate bullying allegations has won her claim of unfair dismissal.
Karen Barrett claimed that Morley Town Council, near Leeds, and Coun Paul Cook discriminated against her on the ground of disability – she was suffering from cancer – but this has now been rejected by an employment tribunal.
Her allegations of bullying were also rejected.
A tribunal in Leeds heard that Mrs Barrett, 49, was suspended from her job 48 hours before she was due to return to work after months of chemotherapy for breast cancer.
That decision was quickly reversed but she resigned weeks later, claiming bullying and discrimination because of her illness.
Coun Cook refuted the claims, saying his actions were driven purely by concern for her welfare.
The tribunal's report criticises the council for failing to get on with investigating her "long and complex grievance" in a fair and prompt way.
"The failure to face and deal with that question arose, we find, from inefficient and incompetent procedures and from the desire to conceal from the claimant (Mrs Barrett) the fact that her grievance was being investigated by one of the councillors against whom she made some of her most bitter complaints," the report said
The tribunal said Coun Cook should have realised that it was "at best poor industrial relations practice" to undertake an investigation made against him personally.
It said Mrs Barrett's resignation in December 2007 was caused by the council's failure to deal with her concerns and she was entitled to treat this as a constructive dismissal.
The tribunal also concluded that Mrs Barrett was "extremely quick to take offence and easily frustrated, particularly when her judgment or competence are questioned in any way".
It added: "She has a tendency to hyperbole and a combative approach in her working relationships with the elected members....once she becomes engaged in any conflict, however minor, with her employer, she has, unfortunately, been unable to relinquish her sense of grievance or accept its resolution by whatever means. Consequently, we have determined that she has somewhat aggressively pursued a path of dispute with many of the councillors."
The report also said she had "a tendency to take an intemperate view of even the smallest criticism of her and to engage in conflict over inconsequential matters".
The tribunal said Mrs Barrett had, from an early stage,resorted to threats to take industrial tribunal proceedings and/or to report councillors to the Standards Board for England, the local government watchdog.
The tribunal panel said that it could not agree that Mrs Barrett was "severely bullied" by Coun Cook.
"He hardly knew Mrs Barrett and only had personal contact with her twice," the report states.
The tribunal said Mrs Barrett's life-threatening illness was highly material to the case and that the effect of delays in dealing with her complaints was "easily foreseeable".
A decision on financial compensation will be decided at a later date.
Last night Morley councillor Robert Finnigan said the tribunal had rejected the bullying and discrimination allegations, which he welcomed.
He said the council had been "found wanting" on legal procedures which other small councils should take as a warning.
Mrs Barrett could not be contacted for comment.
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Saturday 26 May 2012
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