Council told to reinstate unfairly dismissed employee

AN employment judge has ruled that Middlesbrough Council "unfairly dismissed" a senior transport officer and the authority must reinstate him.

- By DANIEL HODGSON

The council were found to have wrongly dismissed Brian Foulger, who worked at the council since 2004, with a clean disciplinary record to his name. He had occupied a number of roles, most recently a senior transport officer.

Employment Judge Kirti Jeram presided over the tribunal, which took place between February 11 and 13 this year.

Mr Foulger was in receipt of interim financial relief following a judgement by Employment Judge James Sweeney in August of last year.

The reserved judgement, reached by Judge Jeram at Teesside Employment Tribunal, reasoned that both of Mr Foulger's complaints were well founded and successful.

He was judged to have been automatically unfairly dismissed contrary to the Trade Union and Labour Relations (Consolidation) Act 1992. Mr Foulger was also found to have been unfairly dismissed contrary to the Employment Rights Act 1996.

The reserved judgement said: "[Middlesbrough Council] is ordered to reinstate the claimant to his role of senior transport officer. Further case management directions will be issued to the parties."

The second day of the tribunal was told Mr Foulger was one of two trade union representatives who attended a "special meeting" with former interim chief executive Clive Heaphy requested by unions to explore claims made by a whistleblower, a council officer who was also alleging racial discrimination, and potential next steps.