Court of Appeal says Leeds City Council must answer
Court of Appeal says Council must answer for alleged discrimination against ALMO employee
Leeds, England – Winding a tortured path through the employment tribunals and appeals system, a racial discrimination claim has become a landmark case, setting a precedent which negates the supposed barriers between local councils and arms length managed organisations (ALMOs).
Michael Woodhouse, a member of Unite the Union and Project Manager employed by ALMO West North West Homes Leeds, successfully showed an Employment Tribunal Hearing in 2008 that not only his ALMO employer but Leeds City Council have potential liability for incidents of racial abuse allegedly carried out by a Leeds City Council employee in late 2006 and early 2007.
The Employment Tribunal found in Mr Woodhouse\’s favour, ordering the case proceed to a full Hearing of evidence concerning the allegations of racial abuse, to decide whether Leeds City Council, its employee and the ALMO are liable in law for those comments. In 2009 the Employment Appeal Tribunal also found in Mr Woodhouse\’s favour, and last month the Court of Appeal again dismissed Leeds City Council\’s appeal, referring the case back to Leeds Employment Tribunal for a full factual hearing. Lady Justice Smith, the presiding judge, also rejected Leeds City Council\’s request to apply to the Supreme Court, where, according to Mr Woodhouse\’s solicitor, David Sorensen of Morrish Solicitors, the council\’s case has no prospects for succeeding.
Speaking earlier today, Sorensen said \”The Court of Appeal agrees with the Employment Tribunal finding that there may be a case to answer. This remains unchanged, despite Leeds Council continuing to appeal at every possible step of the process.
\”This ruling makes it clear that Councils cannot escape responsibility for a possible discrimination against employees of ALMO\’s. ALMO\’s across the country must pay close attention to this case and its impact on the way a Council treats employees of the ALMO\’s they have created. The rulings set a precedent because this is the first case that breaks down the synthetic barriers created by Councils to distance themselves from liability and responsibility for ALMO\’s,\” said Sorensen.
Steve Clark from Unite the Union today hailed the ruling as taking Mr Woodhouse another step closer to justice. \”Since initially raising issues within the workplace, I believe Michael has suffered repeat attempts to harass, intimidate and bully him. This has gone on for years and I believe all because he raised these issues. I don\’t know why Leeds City Council continues their attempts to block the progress of this case. Michael just wants to get it over with and move on, and you\’d think the Council would too, although perhaps they may be running scared of being found guilty of institutional racism,\” said Clark.
Mr Woodhouse, 43, began working for Leeds City Council in 1992, moving over to West North West Homes Leeds in 2003 following the Government\’s requirement for ALMO\’s to be set up to manage local authority housing.
Although Mr Woodhouse can pursue a race discrimination case against his employer, the Employment Tribunal had to decide at the hearing if Leeds City Council and the Council employee who made the comments could be held liable for alleged racial abuse.
The Council has tried to deny liability, arguing they had no responsibility for racial abuse carried out by one of their employee\’s against an employee of the ALMO.
Sorensen confirmed today they await the dates from the Leeds Employment Tribunal for the full hearing to proceed.
Ends
Additional references –
http://www.insidehousing.co.uk/story.aspx?storycode=6501158
