District pays out £550k+ to settle employment claim from care warden

A district council has paid out more than half a million pounds after settling a claim of constructive unfair dismissal and disability discrimination brought by a residential care warden.

Jean Thacker, 62, had worked as a live-in warden at sheltered accommodation in Catterick, Richmondshire.

She was suspended in October 2010 by Richmondshire District Council after a member of the public alleged she had persuaded his elderly brother – one of the residents – to set up a bank account to facilitate stealing money from him.

Mrs Thacker was banned from speaking to residents or work colleagues and barred from her flat. She was forced to move in with her elderly parents in South Wales.

Following an investigation the police confirmed in July 2011 that they were dropping their investigation and taking no further action. The police also confirmed that no bank account ever existed.

The district council only completed its own disciplinary processes a year after the original suspension. It dismissed all the allegations against Thacker.

However, the claimant was still barred from her council home. The brother who made the original allegation meanwhile persuaded residents of the sheltered accommodation that she could not be trusted and got them to sign a petition against her return.

Thacker’s lawyers, Jackson Osborne, said the council did nothing to support her against this action and allegations.

According to the firm, more than nine months before finally concluding its investigation, senior officers and members of Richmondshire’s HR team had met and already decided that Thacker was, on the balance of probabilities, guilty of theft. The claimant had not been interviewed or told of the allegations at that stage.

When she discovered this, she asked the council’s assistant director to give a personal acknowledgement that the allegations were untrue. All the council would say, though, was that the allegations were ‘not proven’.

The claimant subsequently suffered severe depression. In March 2012, she resigned and claimed constructive dismissal.

Richmondshire last month agreed a payout of £558,868.66.

Stephen Jackson, solicitor and principal at Jackson Osborne, accused senior management of the council of intransigence.

He said: “I recognised that the council’s failure formally to acknowledge her innocence was, in terms of the Equality Act 2010, a failure to make ‘a reasonable adjustment’ and accordingly would be viewed as an act of disability discrimination. The size of the settlement reflects a loss of career and accommodation potentially to age 75.”

Thacker said: “I would have preferred an apology and acceptance at least a year ago, to recover my health, my home and my friends. I will look on this settlement as the apology I was due.”

Richmondshire said it disputed a number of statements made in the release issued on behalf of Thacker, who will receive £345,000 in compensation. It added that councillors were dismayed that the matter had been made public.

Cllr John Blackie, the district’s Leader, said: “Richmondshire District Council takes its duty of care for residents living in its sheltered housing schemes very seriously indeed – the well being for the 30 residents in Noels Court was its key priority in this matter. But it also has responsibilities as an exemplary employer that respects employment rights.

“In this case we unfortunately allowed our duties to our residents to take our attention off our responsibilities to the employee. We took into account the receipt of two separate petitions from the majority of those residents at Noels Court that urged the district council not to allow the former employee to return to her job.”

Cllr Blackie added: “We believed the course of action we took was the appropriate way to deal with what was a complex and very sensitive set of circumstances but we now accept that acting this way breached employment rights under employment law.”

Richmondshire’s Leader said the council had agreed at a meeting in February that an independent investigation should be carried out as a matter of urgency.

Cllr Blackie said: “This investigation has already started, led by an independent specialist with HR, legal and employer experience.

“It will include input from officers within the district council who took the decisions that led to this unfortunate outcome, and they will be challenged on why they made those decisions.”

Richmondshire has also instructed officers to bring to the attention of the Leader and Deputy Leader any claim from a member of staff that might lead to a financial settlement against the council, and to keep them informed at each stage as the claim progresses.

“This adds an additional safeguard as leading members will be in a position to question whether the council's response to the claim is in accordance with our various duties and responsibilities,” the council said.

The settlement with Thacker will be taken from the council's housing contingency reserve. 

Cllr Blackie described the case as “unique” in that there had not been one claim of this nature against Richmondshire in 20 years.