Dundee City Council is to appeal against the findings of the employment tribunal panel which severely criticised the council over its handling of the Linda Ross affair.
A council spokesman confirmed the move on Monday evening more than a month after the three-man panel issued the 104-page judgment, but within the 42-day period allowed to lodge an appeal.
In the judgment, the panel unanimously ruled that former deputy head teacher Linda Ross had been unfairly dismissed and severely criticised former education director Anne Wilson, council HR staff and Lord Provost John Letford.
It described Anne Wilson as not being a ”reliable” witness and said the council’s HR department had ignored ”correct legal advice” an allegation the council has since denied.
It is understood the council has taken high-level legal advice and on the advice of QCs has decided to appeal.
A city council spokesman said: ”Following detailed and thorough consideration of the employment tribunal findings, Dundee City Council can how confirm that it will be applying to an employment appeals tribunal.”
Asked on what grounds the council was appealing, the spokesman refused to expand on the statement.
On hearing the news, Mrs Ross said: ”I’m very disappointed that we are not able to draw a line underneath this, but I’m not surprised given the previous attitude of the council.
”We’ll be discussing the situation further with our solicitor John Muir, but it’s very disappointing that it’s now going to drag on again.”
Following the publication of the judgment, Councillor Ian Borthwick called for an inquiry into the handling of the matter. Last night, Mr Borthwick, who was part of a team which investigated allegations of violence and indiscipline at Sidlaw View during 2007, said he could not comment.
”This matter is now sub judice and it would be quite inappropriate for me to comment until the outcome of these proceedings,” he said.
Mrs Ross, former depute head at Sidlaw View and Longhaugh primary schools, was dismissed by the council for gross misconduct in October 2008 after 15 allegations were brought against her.
Among the allegations were that she had run ”inappropriate” websites, a claim that was dismissed by the tribunal as ”frankly ludicrous” and which would not stand up to ”even cursory examination.”
The three-person tribunal panel, chaired by Ian McFatridge, ruled she had been ”automatically unfairly dismissed” by the council which, they said, in addition to failing to comply with their own procedures, had ”failed to comply with the basic requirements of natural justice.”
During the period allegations were being brought against Mrs Ross, the tribunal ruled, the council ”rather went out of control” and, ”completely lost all sense of proportion” and was blaming Mrs Ross for her husband’s actions as a result of frustration at not being able to get at Mr Ross.
The members pointed out that Mrs Ross felt that Lord Provost Letford, who had chaired her appeal hearing, treated the hearing as a ”jolly”. Mr Letford later also denied that allegation.
Mrs Ross and husband Vic declared the judgment a victory for them and would have expected to receive a substantial sum as compensation for her sacking. It could have run into six figures, given her salary as a depute head teacher.
That amount, plus what will be substantial legal and other costs to the council, would have to be met by the taxpayer. Now, unless the council appeal is successful, those costs could soar to several hundred thousand pounds.
After the tribunal judgment was published, The Courier made a freedom of information request asking what the cost would be to the city council in terms of staff hours and money from September 2007 to the conclusion of the tribunal in June this year.
The council’s answer was: ”This information is not recorded.”
Asked how many staff were involved in the investigation into Mrs Ross in 2007 while she was at Sidlaw View and also during her period at Longhaugh Primary, the council confirmed there were two members of staff involved in each investigation.
It also confirmed the cost of a court interdict raised against Vic Ross in 2008 was £221.09.