Dundee City Council interrupts its own review of Linda Ross tribunal judgment to defend HR manager
The Linda Ross employment tribunal story has taken an extraordinary twist with Dundee City Council denying its education human resources manager ignored "correct legal advice" from the council's own lawyers.
Linda and Vic Ross celebrating the tribunal's findings.
- By Alan Wilson
- Published in the Courier : 16.09.11
- Published online : 16.09.11 @ 01.54pm
In a statement issued exclusively to The Courier, the council leapt to the defence of Janet Robertson and took issue with parts of the evidence led, and the findings of the employment tribunal itself.
Ms Robertson was said to have conceded in evidence that she and the HR department had ignored the advice of their own legal team over the policy of not specifically warning employees that the disciplinary hearings were about misconduct and might lead to dismissal.
The tribunal noted: "She indicated that this policy had been heavily criticised by the director of legal services who fundamentally disagreed with it. Nevertheless, despite having received this correct legal advice, the HR department had decided to follow their inclination and disregard it."
However, the council now says Ms Robertson did not ignore legal advice as it wasn't given to her in the first place.
A spokesman said: "We are continuing to study the detailed findings of the 104-page tribunal judgment. We have several weeks in which to consider our position before deciding on any course of action.
"In the meantime, the city council wants to make it clear that the education human resources manager did not, at any time, ignore legal advice.
"We can confirm that the council's legal officers did not advise her that the disciplinary procedures were contrary to the relevant statutory provisions.
"This position is supported by the fact that all previous employment tribunals have accepted that the council's disciplinary procedures comply with the relevant statutory provisions."
In its judgment issued this week, the tribunal panel ruled that former deputy head teacher Mrs Ross was unfairly dismissed after allegations had been made about her in 2008, and that the council had blamed her for her husband's actions as a result of not being able to get at Mr Ross, their real target.
The judgment also criticised several members of staff in the education department, including then director Anne Wilson, Ms Robertson and former primary education manager Ian Rae, while the council was slated for having "failed to comply with basic requirements of natural justice" in its dealings with Mrs Ross.
Lord Provost John Letford was also highlighted in the judgment as having been accused by Mrs Ross as treating her appeal hearing as a "jolly".
This week, however, Mr Letford denied the accusation and said he treated the hearing in a professional manner. He did not accept his conduct at the appeal hearing had fallen below the required standard.
"On behalf of myself and my fellow panel members, I refute the allegations by Mrs Ross to the tribunal," he said. "I treated it with great respect and great commitment. If it is true that Mrs Ross said to the tribunal I treated it like a jolly then I completely refute that."
Councillor Ian Borthwick, a member of the three-man panel which investigated Mrs Ross' suspension in 2007 from Sidlaw View Primary after her husband raised issues of indiscipline at the school, has called for a full investigation into the affair.
05.09pm - 16.09.2011 Cory Douglas Campbell - Maryfield, Scotland Report This
These Legal Folk think they run the city! If you make a complaint that is too valid or embarrassing to Dundee City Council & the SNP, your complaint gets ignored by DCC & it goes straight to the "Legal Managers" & no one else. Who are these legal folk? When were they elected to run this great City?
09.13pm - 16.09.2011 twit-twoo - dundee, dundee Report This
Specifically warning an employee that a disciplinary hearing may lead to dismissal is SO basic... why would an HR professional require legal advice on something so fundamental?!
08.28am - 17.09.2011 joseph conroy - dundee, scotland Report This
dont you think it odd that Mr Letford announces he wont be standing at the next election days or even hours before he is slated as treating his part inthis affair as a "JOLLY"
03.42pm - 17.09.2011 Declan Padraic - Dublin, Ireland Report This
Cory, exactly. Worse, we are supposed to have 29 councillors, with one party, the SNP, having a majority. So there can be no excuses about them being fragmented in dealing with this.
10.14am - 18.09.2011 Maisie Forrester - Dundee, Scotland Report This
It's not odd. Even Mr Letford is realistic enough to know he doesn't have a cat in hell's chance of ever being re-elected due to him selling out the public who voted him in as a Labour councillor just so he could hang on to his Lord Provost's chain.
10.59am - 18.09.2011 Jennifer Helen Allan - Dundee, Scotland Report This
We members of the public are all sick of Dundee Council's word spinning, spin doctoring and denials. Ms Robertson either ignored a written legal policy, or else she failed to refer the matter to the Council's legal department for advice. Either way this was reprehensible conduct on her part.
10.02am - 22.09.2011 Given up on this city - Dundee, Sctoland Report This
None of this surprises me in the slightest. The Council directors and senior management think they can do want they want not only to employees but also to the people of Dundee. They change the rules as they go and when challenged they hid behind a policy or procedure that doesn't even exist.
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