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Our locum clerk made a statement about a previous clerk that related to the parish council and included a councillor in that, it turns out that the previous clerk never said all of that including remarks about the councillor
by (430 points)

2 Answers

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You have to be careful to avoid getting caught up in potential litigation here. This could end up being one persons word against another and accusations of defamation, libel or slander could arise. Any effort you make to complain widely might end you up in trouble.    Where was the statement made by the Locum Clerk? Was it minuted at one of your meetings or said off the record to one or more of your councillors?   One possibility could be to contact https://www.slcc.co.uk/  for advice as they examine  standards & Behaviour - but they might not want to do anything about it.  Potentially you could make it clear that you won't provide a reference for them on the grounds you feel their honesty & inegrity is open to question, but only if you can substantiate your claims about the Locum. What ever ends up being done should be via your staffing committee recomandation or equivalent body, who shpuld seek to verify as many facts as possible and full council should resolve to schedule a confidential closed session for that committee.to come up with a proposal on how to deal with this.
by (34.9k points)
0 votes

This all depends on where when and what was allegedly said. At very least it is a matter to be investigated by whoever on your council is responsible for the employment of the Clerk. If employed as a locum then you should have a contract with them or the company providing the service, specifying the terms and expectations and cancellation specifications. 

For an employed Clerk you should have in the contract of employment a laid down complaints procedure for both employer and employee. This should be followed to the letter when activated otherwise the PC leaves itself wide open to claims of constructive or wrongful dismissal via industrial tribunal. First thing to do if for your employment committee to gather the facts ascertain their validity ( fact or gossip) . Keep the employee continually informed and allow them every opportunity to present their "side".

The rules are there for a reason. Use them in an ideal world they would not be needed.

Unfortunately in such cases there can be wrong on both side. Employers trying to fabricate reason to dismiss and employee seeking compensations.

It's a minefield ......tread carefully- but take your fingers out of your earsangry

by (26.6k points)
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