Ex-Peterborough council leader wins employment tribunal fight

Ex-Peterborough council leader Wayne Fitzgerald denies discrimination claims made by a former council employee at an employment tribunal

A Conservative former council leader has won a legal fight with an ex-employee making discrimination allegations at an employment tribunal.

Edna Johnson, a former Peterborough City Council lawyer, had named the authority and ex-leader Wayne Fitzgerald in a claim.

But a judge has ruled that Mrs Johnson cannot bring a claim against Mr Fitzgerald.

Judge Kate Hutchings made the decision at a preliminary hearing in Cambridge.

The judge said Mrs Johnson's claim could continue - but only against the council.

She said any complaints Mrs Johnson had about Mr Fitzgerald could be outlined in evidence at a trial.

Mrs Johnson had wanted Mr Fitzgerald to remain as a "respondent" in the case - the council and Mr Fitzgerald disagreed.

Judge Hutchings made a ruling on Wednesday after Mrs Johnson outlined arguments for claiming against the council and Mr Fitzgerald.

A former employee has made discrimination claims against Peterborough council at an employment tribunal

"Councillor Fitzgerald is part of this picture but it is evidential not jurisdictional," said the judge.

"I am going to remove Councillor Fitzgerald as the second respondent in this claim."

She said she was "satisfied" - on Mrs Johnson's evidence - that a claim should not be brought against Mr Fitzgerald.

"The claim will proceed," she added.

"It will proceed against Peterborough City Council."

'Whistleblower'

Mrs Johnson, who told the judge she was a "Caucasian" South African, has made disability discrimination and race discrimination allegations.

She also alleges that she is a "whistleblower" who has suffered a "detriment".

The council, and Mr Fitzgerald, dispute her allegations.

Mrs Johnson's claim involved issues relating to sick leave entitlement, the judge heard.

She told the judge that Mr Fitzgerald had been "instrumental" in a staff appointment and had created a "work environment".

Mohammed Farooq now leads the council and the Peterborough First group of independents

Lawyer Julie Bann, who represented the council and Mr Fitzgerald, said Mrs Johnson had an employment contract with the council.

Ms Bann said the basis of Mrs Johnson's claim was that the council had not met entitlements to sick leave.

"It's a claim against Peterborough City Council," Ms Bann argued.

"It's not a free-standing claim against (Mr Fitzgerald)."

No detail about the amount of damages Ms Bann is claiming emerged.

Mr Fitzgerald, who was removed as Peterborough City Council leader following defections and a no-confidence vote in November, was not at the hearing.

The city council is currently led by the Peterborough First group as a minority administration.

Its leader is Mohammed Farooq, who was formerly a Conservative councillor.

A city council spokeswoman said after Wednesday's hearing: "Whilst proceedings in relation to this matter are ongoing we are limited to what we can say publicly.

"We will robustly defend the accusations that are being made against the council."

The spokeswoman did not say whether the council had any investigation into Mrs Johnson's whistle-blowing allegation.