25 September 2009
Source: LocalGov.co.uk ()

Officer dismissed over rape claim awarded £25,000


Arun Marsh

A senior council officer who was told to leave his post without the chance to put his case forward after he was accused of rape has been awarded £25,000.

The man, who along with the alleged victim and the council cannot be named for legal resons, was told by the council chief executive that his version of the story would not be believed so there was no point in a disciplinary hearing.

The alleged victim, a service director, refused to make a formal complaint to police and although the man was arrested police didn't bring any charges.

The council was found guilty of wrongful dismissal for failing to allow the man the chance to respond, a lack of evidence of the alledged rape and because the council chief executive who was a close friend of the alleged victim acted himself instead of selecting a more impartial adjudicator.

The council was ordered to pay damages of £25,000 and was also found to have sexually decriminated against the man, although this was overturned at a recent appeal hearing at a Newcastle employment tribunal - where details of the case came to light.

The original tribunal said that refusing the man a chance to respond to the allegations was 'shocking' and that it was 'surprised' that legal advice given to the council suggested it was a proper way to proceed.  



 




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