Can a parish council issue an external report on a grievance?

Question

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The council recently organised an external report on a grievance brought by an ex-employee against several councillors. The report is very critical of the councillors, but is strongly disputed. The investigation ignored the Ledbury ruling about the handling of grievances and created its own grievance investigation process. The report includes criticisms that had not even been mentioned to the councillors and they were given no opportunity to respond before the council voted to impose penalties. There is a possibility the ex-employee may use the report in a forthcoming employment tribunal case and a proposal has been made to issue the report to the public. Is this legal under privacy legislation, FOI etc?

Answer 1

Is this the same issue you raised in March? and, if it is, did you/the council follow up on any of the suggestions made in March?

Answer 2

I think you really need to seek a professional legal opinion with some urgency. In my opinion, as per the Ledbury ruling, any complaints arising about councillors should be referred to the MO of your principal authority. Therefore the situation you describe appears potentially ultra vires but, even if not, it is most unwise. What penalties have been imposed?