WEST Devon councillors have been warned to treat council officials with 'trust and respect' after a Cornish authority was recently deemed responsible for the constructive dismissal of one of its officers.
Bude-Stratton Town Council was called before the Employment Appeals Tribunal recently after one of its officers resigned as a result of years of hostility from one of the councillors.
The council censured the councillor and argued that she could not be deemed the officer's employer.
The tribunal, however, said through her actions she had destroyed the relationship of trust and confidence between employer and employee and had caused the man's resignation, even though she did not have the power to dismiss him.
In a report on the issue, West Devon Council's personnel manager Catherine Milton said the role of an elected member was the same across all tiers of government and the council would not be able to detach itself from the actions of one its members, should it face a similar situation.
'Employees must be protected from unreasonable treatment and behaviour, and unauthorised interference in work duties. Members must be under a duty to treat all council employees with trust and respect,' she said, recommending members considered the implications of the case when interacting with employees at all levels across the organisation.
Cllr Peter Hill, a member of the personnel sub-committee, said he could quite well see how such a situation could arise with a clash of personalities, 'but I don't think there's much of a problem in West Devon'.
Cllr David Stapleton said they were always getting these kinds of documents, especially with the rise of litigation in Britain, but there were rarely any problems within West Devon.
He said it was incumbent on members to treat officers with respect and trust, but said it must go both ways.
The UNISON chairman at West Devon, planning officer John Milverton, said: 'Councillors can and do directly affect working practices and staff morale in local authorities and this case establishes their responsibility is akin to that of an employer.'


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