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.
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.