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Ex Chief Exec - Dave Clark


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There seems to be some confusion in a few of the responses here. As far as I'm aware, the CE's private life has no bearing on his job at all. You can't sack someone for having an affair, no matter how brazen they are about it. The public may tut tut about that, but it is basically irrelevant.

 

Absolutely. None of us have the right to make moral judgements on Dave Clark's private life (which have been a consistent feature of this situation).

Attempts to demean the man in this fashion are truly contemptuous. Stick to the material (and germane) facts, few though they may be!

 

And although I agree with both the above, someone with the status of CE of the local council is (surely?) expected to maintain a high standard of integrity as an individual both inside and outside of work.

 

Good leaders earn respect and are seen as role models - there's a few MP's (& a football captain now) who have lost their positions following revelations into their private lives.

 

Although his private life is precisely his own business, there seems to be enough facts in the public domain about his private life, for people to question his integrity, and therefore his suitabilty, for such a high profile post in a small tight knit community.

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Although his private life is precisely his own business, there seems to be enough facts in the public domain about his private life, for people to question his integrity, and therefore his suitabilty, for such a high profile post in a small tight knit community.

 

Well, that is what has happened, but from the perspective of his job contract there will be nothing that says he has to have a squeaky clean private life. That is the problem the council have - they want to get rid of him but he has never been proven guilty of a sackable offence. Employment laws protect him just as they protect every employee.

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Although his private life is precisely his own business, there seems to be enough facts in the public domain about his private life, for people to question his integrity, and therefore his suitabilty, for such a high profile post in a small tight knit community.

 

Well, that is what has happened, but from the perspective of his job contract there will be nothing that says he has to have a squeaky clean private life. That is the problem the council have - they want to get rid of him but he has never been proven guilty of a sackable offence. Employment laws protect him just as they protect every employee.

 

Well, just like any other employee he does NOT have full employment rights until he has been in post for a year. See my previous posts for what he could allege but I suspect as opposed to an ET he would be looking at civil litigation for breach of contract. In turn, despite what views peeps may hold with relation to his personal life, the Council could undoubtedly argue that his behaviour has brought the Council into disrepute and hence claim gross misconduct, PROVIDED that they had started the usual disciplinary proceedings. I suspect that one reason why DC wants a swift resolution is so that he does not close the door on the possibility of him going to an ET (I think the time limit is 12 weeks from the actual "event").

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Well, that is what has happened, but from the perspective of his job contract there will be nothing that says he has to have a squeaky clean private life. That is the problem the council have - they want to get rid of him but he has never been proven guilty of a sackable offence. Employment laws protect him just as they protect every employee.

 

There has to be something in his contract? Are you telling me that our next CE could go down the 'Frank Bough' route and we'd be stuck with him :wink:

 

There again, maybe this is where JW's perseverance over the phone call is coming from?

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I still agree that a mans private life should remain so, private that is.

As for the germane facts.

Germane, def. Nearly related, relative, appropriate.

Who on this thread has not adhered to any of these definitions?

There are some people who are angry at all the facts in this case.

 

Was he good at his job?

I do not know, I can however make a personal judgement on the facts as stated.

Is his affair relevant? Absolutely because of Judane!

Is off duty drinking allowed in a council building? I would presume not.

Is this privilege the same for all staff? I would presume not.

Who gives permission for celebratory drinks? I can only presume.

So the true facts are before us.

All we have to do now is eliminate the irrelevant ones.

Which leaves the main fact, he was not fit for purpose.

 

My goodness! A veritable lesson in the art of obfuscation! Have you ever thought of entering local politics....?

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It was never 3 months in employment law. Many employers would state within a contract of employment that there was a probationary period of 3 months but in statute, as far as I can recall, it has been 12 months for yonks.

 

Was under the impression that when they gave rights to part time workers, 3 months became statute for all, and from 3months full benefits came into place eg paid holidays etc whether it was in your contract or not.

Only time the 3months doesn't apply is in the case of pregnancy.

 

Never employ a pregnant worker was the advice given, though young pregnant women never know their rights, I'm amazed at some of the things employers get away with.

 

Fortunately it's not something we have to worry about in this case.

 

In the past whenever I needed any employment advice I usually called Roseberry House, which is what the SIC seem to have done (if a different floor) I'd leave them to it.

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It was never 3 months in employment law. Many employers would state within a contract of employment that there was a probationary period of 3 months but in statute, as far as I can recall, it has been 12 months for yonks.

 

Was under the impression that when they gave rights to part time workers, 3 months became statute for all, and from 3months full benefits came into place eg paid holidays etc whether it was in your contract or not.

Only time the 3months doesn't apply is in the case of pregnancy.

 

Never employ a pregnant worker was the advice given, though young pregnant women never know their rights, I'm amazed at some of the things employers get away with.

 

Fortunately it's not something we have to worry about in this case.

 

In the past whenever I needed any employment advice I usually called Roseberry House, which is what the SIC seem to have done (if a different floor) I'd leave them to it.

 

I've copied from a website on employment rights in Scotland:-

 

"Statutory rights

 

Statutory rights are legal rights based on laws passed by Parliament.

 

Nearly all workers, regardless of the number of hours per week they work, have certain legal rights. There are some workers who are not entitled to certain statutory rights (see below).

 

Sometimes an employee only gains a right when they have been employed by their employer for a certain length of time, and when this applies, the length of time before the employee gains the right is listed below. Unless you are in the group of workers who are excluded (see Workers not entitled to certain statutory rights), you will have the following statutory rights:-

 

* the right to a written statement of terms of employment within two months of starting work, (see under heading Written statement of the main terms and conditions of employment)

* the right to an itemised pay slip. This applies from the day the employee starts work.

 

For more information see, Rights to pay

 

* the right to be paid at least the national minimum wage. This applies from the day the employee starts work.

 

For more information see, Rights to pay

 

* the right not to have illegal deductions made from pay. This applies from the day the employee starts work.

 

For more information see, Rights to pay

 

* the right to paid holiday. Full-time employees are entitled to at least 24 days a year. Part-time employees are entitled to a pro rata amount

 

For more information about holidays and holiday pay, see Holidays and holiday pay.

 

* the right to time off for trade union duties and activities. This applies from the day the employee starts work. The time off does not necessarily have to be paid. Employees also have the right to be accompanied by a trade union representative to a disciplinary or grievance hearing. If an employee takes part in official industrial action and is dismissed as a result, this will be an automatically unfair dismissal

* the right to paid time off to look for work if being made redundant. This applies once the employee has worked for two years for that employer (see under heading Time off work)

* the right to time off for study or training for 16-17 year olds. This applies from the day the employee starts work (see under heading Time off work)

* the right to paid time off for ante natal care. This applies from the day the employee starts work, (see under heading Time off work)

* the right to paid maternity leave. For more information, see Maternity leave.

* the right to paid paternity leave

* the right to ask for flexible working to care for children or adult dependents – see under heading The right to ask for flexible working

* the right to paid adoption leave

* the right to ask for flexible working

* the right to take unpaid parental leave for both men and women (if you have worked for the employer for one year) and the right to reasonable time off to look after dependants in an emergency (applies from the day the employee starts work) (see under heading Time off work)

* the right under Health and Safety law to work a maximum 48 hour working week. This applies from the day the employee starts work (see under heading Health and safety)

* the right under Health and Safety law to weekly and daily rest breaks. This applies from the day the employee starts work. (see under heading Health and safety). There are special rules for night workers

* the right not to be discriminated against on grounds of sex, race, disability, sexual orientation, age, religion or belief or gender reassignment. This applies from the day the employee starts work. See under heading Harassment and discrimination.

* the right to carry on working until you are at least 65

* the right to notice of dismissal, provided you have worked for your employer for at least one calendar month

* the right to written reasons for dismissal from your employer, provided you have worked for your employer for one year. Women who are pregnant or on maternity leave are entitled to written reasons without having to have worked for any particular length of time

* the right to claim compensation if unfairly dismissed. In most cases you will have to have worked for one year to be able to claim unfair dismissal

* the right to claim redundancy pay if made redundant. In most cases you will have to have worked for two years to be able to claim redundancy pay

* the right not to suffer detriment or dismissal for ‘blowing the whistle’ on a matter of public concern (malpractice) at the workplace. This applies from the day the employee starts work (see under heading Whistle-blowing at work)

* the right of a part-time worker to the same contractual rights (pro-rata) as a comparable full-time worker

* the right of a fixed-term employee to the same contractual rights as a comparable permanent employee.

 

You may also have additional rights which may be set out in your contract of employment. In particular, a part-time worker’s contract should be checked."

http://www.adviceguide.org.uk/scotland/your_money/employment/basic_rights_at_work.htm

 

As I said, you have to be employed by an employer for a year to have full rights. Prior to that, health & safety, discrimination (disability, sex, racism, pregnancy) - these rights start from Day 1.

 

I have also checked the ACAS website and my understanding re 12 weeks/3 months to go to an Employment Tribunal from the date of the alleged "event" at work is correct.

 

Hope the above clarifies the points I am trying to make.

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Well he's accepted the offer of 1/4 million (inc tax & his legal fees nearer 1/2 a million).

 

He came here broke, deleted a job, sat around for a few months, and is leaving with a massive pay off.

 

Quite different to Chris Hodge:

He came here a millionaire, created jobs, worked hard to make things work and left broke.

 

It's a very sad day :(

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