Council officers accused of doing 'foreigners' quit
TWO environment health officers from Tamworth and Lichfield accused of using Birmingham City Council time and equipment to carry out work for agencies in Oxford, Cardiff, North Devon and other districts resigned as they faced the possibility of dismissal.
Mark Fitzgerald, aged 47, of Broadlee, Tamworth, and Kevin Hall, aged 54, of Whittington in Lichfield, denied the allegations and said they used their own equipment and in their own spare time.
Their denials were made as they made compensation claims for constructive unfair dismissal against the council at Birmingham Employment Tribunal.
Mr Fitzgerald, who had served in the Army for 24 years, and Mr Hall, who had been with the council for 35 years, both said they had been given council permission to do the "outside" work as long as it was in their spare time and that council equipment was not used.
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Mr Hall, a father of two, said he needed to supplement his income in the face of cost-saving proposals by the council.
Mr Fitzgerald was paid £36,000 a year by the council plus about £5,000 a year for being called out at night to deal with complaints about noise.
Sean O'Brien, representing the council, said the officials were facing disciplinary hearings and, possibly dismissal, when they resigned.
He said the council accused them of printing letters in council time and using council equipment to run a private business at the council's expense.
"The council took action after carry out an investigation," said Mr O'Brien.
Mr Fitzgerald said he had not done anything wrong to justify council action and questioned the validity of the investigation.
"Kevin and I were not running a business together," said Mr Fitzgerald in his witness statement.
He said he had been suffering from stress and had done some work for an agency in North Devon while on leave.
Tribunal judge Miss Helen Harding adjourned the hearing after several days to a later date for more evidence.
The tribunal is to expected to eventually make a reserved decision in private which may not be until later this year.
Comments
by Abominate
Saturday, June 30 2012, 3:25PM
“The_observer Saturday, June 30 2012, 2:17PM
I take your point about being 'pushed' but if I were in their position and innocent I would certainly welcome an investigation to clear my name and if I were still forced into resigning, would then take my case to an industrial tribunal. It just smacks of 'get out while the goings good' and then seek to be compensated.
Presumably, because they have resigned 'voluntarily' any investigation is halted rendering them unlikely to face charges since there is no conclusion to said investigation.”
by The_observer
Saturday, June 30 2012, 2:17PM
“I could not agree more Abominate, but I would go on to say that in the same way private companies would I hope that Birmingham have contacted the police to carry out an investigation for fraud and/or theft if the evidence in their investigation suggested they had been doing the thing they are aledged to have done and secondly they have probably resigned before being pushed because no matter what the outcome of the tribunal they will not have to declare the real reason they left birmingham council to another employer. I just hope that it is not in this area so the taxpayers served by this paper have to fund their activities another question is how much will this tribunal cost the taxpayer no matter who wins?”
by Abominate
Saturday, June 30 2012, 1:48AM
“What surprises me is that an 'innocent' victim resigns rather than make their case at an investigation, seeking compensation through an Industrial tribunal that would consider the facts surrounding the constructive dismissal rather than the culpability of what amounts to theft and/or fraud.”
by weskiwi
Friday, June 29 2012, 9:17PM
“Not that surprises me in any way. What should surprise me, but once again does not, is the salary and expenses that our local heroes in government ( ha ha ) can dispense from the hard earned incomes of the lowly paid.
36 grand appears to be above the norm for the average private worker, and 5 grand for being called out, how many times????, for complaints about noise???? Someone has to be having a big laugh at the taxpayers expense, except for the fact that those taxpayers are probably wringing their hands in anger.”