Solicitor to support disciplinary

Question

My Parish Council has an aggressive and unprofessional clerk who is not fulfilling her role and constantly trying to bill the Council for additional hours.  When she is challenged she shouts and accuses councillors of bullying her or goes off sick. Her friends, the Chair and another councillor have resigned and there are 4 people left who joined the Council last year and would like to sort this out. There isn’t a grievance or disciplinary procedure but this will be sorted next meeting.

  In yesterday’s meeting the Clerk said she is not undertaking burials anymore as this is a devolved responsibility and she isn’t paid on the correct scale for it. This has always been part of her role. She also kept referring to taking advice about her role and the way she is treated. It was quite a threatening atmosphere and as her friends have now resigned I am wondering what is actually going on. I’m also wondering if we should seek a solicitor to help the a Councillors at this point as over the last 3 years the Clerk has been mismanaged and left to her own devices. Is this the best course of action? Can anyone recommend a solicitor or type of solicitor to help us?

Answer 1

I know exactly where you are coming from, in my experience Councils allow this kind of behaviour as they afraid of having a wrongful dismissal case being lodged but by ignoring it matters become worse and there’s no evidence

One problem is that the Clerk “ might take advice “ but what you don’t know is what her advisors have been told, I know of a case where this has happened
You need legal advice urgently
It makes me wonder if there a market for someone to set up as a trouble shooter for Parish Councils for situations like this

Answer 2

Your insurance package should include legal advice. Contact your insurer and ask to speak to an HR specialist. They will provide you with free advice and handle all matters on your behalf, up to employment tribunal if necessary. The lack of a disciplinary procedure isn't ideal, but as long as your Clerk has a valid contract of employment, she must perform the duties included therein.