Borough Green groundsman was unfairly sacked

AN EMPLOYMENT judge has ruled that Borough Green Parish Council unfairly sacked its groundsman.

The body's handling of the situation was described as "hopelessly inept" by both its own barrister and employment judge Quintin Barry.

Maidstone Road resident Mike Taylor, 62, was sacked from his recreation ground job in November following two formal meetings, the second of which resulted in his dismissal.

Present at the tribunal on Thursday and Friday in Ashford, which had been adjourned from April, was parish council chairman Cllr Charles Willsher.

Cllr Willsher admitted that Mr Taylor's sacking had not been carried out lawfully.

He told the tribunal: "I feel the working relationship had broken down irretrievably as a result of the claimant's refusal to carry out reasonable instructions, and his behaviour to the clerk, myself and other councillors."

But he added: "Had we followed the correct procedure, we would still have dismissed the claimant."

Mr Taylor, who claimed the fact that no written or verbal warnings were given to him as a reason for his wrongful dismissal, said: "The council ignored disciplinary procedure and the law of the land."

However, responding on behalf of the council, barrister Heather Platt tried to demonstrate that Mr Taylor was the author of his own downfall.

She said that he was wrong to claim that every one of his conflicts was a failing or wrongdoing by the council, and could not accept that was just his own opinion.

She added: "They (the parish council) have consistently given in to his bully boy tactics and have tried to bend over backwards to maintain good relations."

As an example of his non-cooperation, she cited his refusal to take instruction from the parish council clerk Hazel Damiral and his unauthorised replacement of the recreation ground pavilion's windows with a plastic material instead of plywood.

However, Mr Taylor said he has always acted in the interests of the whole Borough Green community. He said: "Miss Platt and Borough Green Parish Council have tried to paint me as a troublemaker, but that is not true.

"If I see something wrong I will make a stand, and invariably with public support. I am not a troublemaker. I merely respond to trouble."

Judge Quintin Barry ruled the dismissal was unfair but that the employee had "contributed to the extent of 50 per cent to his dismissal".

He said: "The folly of the parish council was matched by Mr Taylor.

"It is plain to the tribunal that Mrs Damiral was his line manager and his insistence that she was not was unreasonable."

Mr Taylor was awarded £833.31, which was adjusted to take into account the ruling that he had contributed to the dismissal, and also the "hopeless ineptitude" of the council in dismissing him during a grievance procedure.

Mr Taylor said afterwards he would have withdrawn from the case if the council had apologised to him. The council estimated the whole process had cost it £9,500.