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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 it is seeking a judicial review. 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 CouncilWe 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."