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'Cruel attack' on ex-council man | 'Cruel attack' on ex-council man |
(1 day later) | |
Swansea Council has been criticised for a "deliberate and cruel" attack on an ex-employee by an employment tribunal. | Swansea Council has been criticised for a "deliberate and cruel" attack on an ex-employee by an employment tribunal. |
The authority used private detectives to check what legal executive Malcolm Honey was up to while off sick. | The authority used private detectives to check what legal executive Malcolm Honey was up to while off sick. |
He was videoed returning from staying at a friend's cottage in west Wales in July 2006 and then sacked in December for a "breach of trust". | He was videoed returning from staying at a friend's cottage in west Wales in July 2006 and then sacked in December for a "breach of trust". |
His unfair dismissal claim was upheld but the council said it was "surprised" and is seeking a review. | |
Mr Honey, 57, was off sick for three weeks with bronchitis during the period concerned. | Mr Honey, 57, was off sick for three weeks with bronchitis during the period concerned. |
The council claimed private investigators filmed him unloading a beach parasol and holdalls from the back of a car parked outside his home in Killay, while wearing shorts and a T-shirt. | The council claimed private investigators filmed him unloading a beach parasol and holdalls from the back of a car parked outside his home in Killay, while wearing shorts and a T-shirt. |
The investigators also claimed they heard Mr Honey having a conversation with a neighbour in which he allegedly claimed he had just returned from a weekend in Pembrokeshire. | The investigators also claimed they heard Mr Honey having a conversation with a neighbour in which he allegedly claimed he had just returned from a weekend in Pembrokeshire. |
We will be seeking a review of this judgement. Swansea Council | We will be seeking a review of this judgement. Swansea Council |
Six weeks later he was summoned to discuss his sickness record. | Six weeks later he was summoned to discuss his sickness record. |
Mr Honey said he did not regard his time at the cottage as a holiday and said his managers knew he regularly visited it. | Mr Honey said he did not regard his time at the cottage as a holiday and said his managers knew he regularly visited it. |
Claims that he had fraudulently claimed sick pay and failed to tell bosses he was on holiday were later dropped but a charge of breaching trust was upheld and he was sacked in December. | Claims that he had fraudulently claimed sick pay and failed to tell bosses he was on holiday were later dropped but a charge of breaching trust was upheld and he was sacked in December. |
Tribunal chairman Rachel Davies said in her report on the case held in Cardiff last month: "Our conclusion is that the respondent's (the council's) conduct was consistent with a deliberate and cruel attack on Mr Honey's credibility for which there were no grounds." | Tribunal chairman Rachel Davies said in her report on the case held in Cardiff last month: "Our conclusion is that the respondent's (the council's) conduct was consistent with a deliberate and cruel attack on Mr Honey's credibility for which there were no grounds." |
"Unacceptable behaviour" | "Unacceptable behaviour" |
She said the authority showed "a determination to catch Mr Honey out". | She said the authority showed "a determination to catch Mr Honey out". |
Welcoming the decision Mr Honey said: "I'm very pleased and relieved that the tribunal has seen through the council's ridiculous claims and I just want my name to now be cleared. | Welcoming the decision Mr Honey said: "I'm very pleased and relieved that the tribunal has seen through the council's ridiculous claims and I just want my name to now be cleared. |
"It's been a very difficult year for me and for my family and we now just want to get on with our lives again." | "It's been a very difficult year for me and for my family and we now just want to get on with our lives again." |
Unison's Paul Elliott said: "We're delighted that the tribunal has upheld our member's claim for unfair dismissal. | Unison's Paul Elliott said: "We're delighted that the tribunal has upheld our member's claim for unfair dismissal. |
"The tribunal stated that it did not believe that the council genuinely thought that Mr Honey had committed the alleged misconduct and their suspicions were based on spurious grounds . . . this is unacceptable behaviour." | "The tribunal stated that it did not believe that the council genuinely thought that Mr Honey had committed the alleged misconduct and their suspicions were based on spurious grounds . . . this is unacceptable behaviour." |
A council spokesperson said: "We are extremely surprised and disappointed by the judgement which we believe is completely against the weight of evidence. | A council spokesperson said: "We are extremely surprised and disappointed by the judgement which we believe is completely against the weight of evidence. |
"We will be seeking a review of this judgement. If that is unsuccessful we will appeal to the Employment Appeals Tribunal." | "We will be seeking a review of this judgement. If that is unsuccessful we will appeal to the Employment Appeals Tribunal." |
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