Friday, May 20, 2011

Director wins �130k from city council after sacking

A SACKED �123,000-a-year city council director who was fired while undergoing cancer treatment has agreed a six-figure out-of-court settlement with the authority after suing for libel and sex discrimination.

Jeanette McGarry, who worked for Stoke-on-Trent City council between June 2009 and April 2010, brought two lawsuits against the authority over claims linked to her dismissal.

Both parties declined to confirm the value of the settlement, but The Sentinel understands it is about �300,000.

About �170,000 will go to London-based law firm Simons, Muirhead and Burton, which represented Mrs McGarry on a 'no win no fee' basis, while she will receive around �130,000.

Some �50,000 will be covered using taxpayers' money, while the rest of the bill has been covered by insurers.

The council may face increased premiums as a result.

Mrs McGarry, above, was paid �121,333 after leaving East Staffordshire Borough Council "by mutual consent" in December 2008. She had been suspended for alleged misconduct, but reasons for her departure from the post remain secret.

The city council settlement comes a week after The Sentinel revealed the authority has paid �1.7 million in damages over the last three years, while solicitors fighting claimants' cases have received �2.2 million in legal costs.

Louis Charalambous, a partner in the London-based law firm which represented Ms McGarry in both cases, confirmed that a settlement has been reached, but said it does not intend to disclose the sum.

Mrs McGarry claimed the council discriminated against her on gender and disability grounds when it dismissed her as director of housing environmental and neighbourhood services in 2010.

She received her dismissal letter on the day she returned from hospital surgery.

Mrs McGarry also claimed a council statement made by chief executive John van de Laarschot to the media about her dismissal was defamatory and that her recovery from cancer was affected by the mistreatment.

Separate to her legal claims, Mrs McGarry was pursuing an internal appeal through the city council against her sacking. Yesterday's settlement also concludes that process.

Through her union, Mrs McGarry was contesting the council's ruling that her probationary period was extended by the arrival of a new chief executive, Mr van de Laarschot, after her appointment by interim chief executive Chris Harman.

Richard Penn, a consultant with union the Association of Local Authority Chief Executives (ALACE), said: "We have always challenged the suggestion that she was properly dismissed. If there were issues with her performance they should have been dealt with properly as per her entitlement as an employee.

"They said her probationary period had been extended, but she had not been told about it. We will now support her in whatever way she needs. She is looking to move on with her life and draw a line underneath Stoke."

Six months after Mrs McGarry's exit the housing, environmental and neighbourhood services directorate was forecasting an overspend.

In a statement, Stoke-on-Trent City Council credited Mrs McGarry with helping the council to become the first to achieve 10:10 status, a 10 per cent reduction and carbon footprint during 2010, and meet Government recycling targets for the first time.

Councillor Dave Conway, leader of the opposition City Independents group, below, worked with Mrs McGarry as chairman of the improving communities scrutiny committee.

He said: "I remember her being diagnosed with cancer and days later she still turned up for a meeting.

"Her heart and soul was in the job. The council's statement begs the question of why she was sacked."

The council said: "Her employment came to an end in April 2010 and an amicable resolution was reached which allowed her to focus on fighting and recovering from her illness.

"In her role Jeanette managed a large portfolio of services with 1,249 employees, four heads of service reporting to her and responsibility for �132 million of expenditure and �91 million of income generation.

"Jeanette relished the challenge posed by the council being in 'government intervention' and developed excellent relationships with elected members and partners.

"Without admission of liability, the council and its insurers have paid Jeanette an undisclosed sum in settlement of her claims.

"The council wishes Jeanette well in her future career."



Source: http://rss.feedsportal.com/c/32715/f/503368/s/1502e42c/l/0L0Sthisisstaffordshire0O0Cnews0CSacked0Edirector0Ewins0E1630E130Ak0Epayout0Carticle0E35780A460Edetail0Carticle0Bhtml/story01.htm

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