West Northamptonshire Council to pay for predecessor's unfair dismissal

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One Angel Square, West Northamptonshire Council HQ
Image caption,

An employment tribunal found the council poorly managed a woman's return to work.

A council will pay a former member of staff nearly £9,000 after its predecessor was found to have unfairly and wrongfully dismissed them.

Alison Crowther, the former manager of Everdon Outdoor Learning Centre, near Daventry, went off sick in April 2018.

But a judge said there was a "failure in management" for her return to work.

West Northamptonshire Council (WNC) took on the responsibilities of Northamptonshire County Council (NCC) after it was dissolved in 2021.

Ms Crowther, who had been in her role since January 2013, was diagnosed with spontaneous intracranial hypotension, causing her "blinding" headaches, balance problems, dizziness and physical weakness.

An employment tribunal heard she would have spells of incapacity but could have "good days" and carried out voluntary desk-based work, which she said was good for her mental health.

Ms Crowther's doctor said she was about 80% recovered from the illness in March 2019. Her sick pay had expired in October 2018.

She planned a phased return to work in April 2019 and sent details to her manager, but only received a comprehensive response a month later, despite there being a "clear need for urgency", according to Judge Jeremy Lewis KC.

In June 2019, Ms Crowther accused NCC of further delay and filed a grievance that it was breaching her contract because she could not earn a salary.

She said the delay had "badly damaged" her mental health and confidence. She resigned later that month.

'Failure in management'

Her manager denied any "deliberate intention" to delay Ms Crowther's return to work and said she wanted to ensure it was safe for all involved.

The judge said the NCC manager "allowed [the case] to drift" and that the lack of urgency shown amounted to a "serious failure in management".

He found the council had failed to make a payment in lieu of annual leave after Ms Crowther's employment ended.

WNC must pay Ms Crowther a total of £8,910.44.

A claim of unfair dismissal also succeeded against WNC and any payment will be decided at a hearing in April, unless the parties can reach an agreement sooner.

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