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Former clerk wins case for ‘constructive unfair dismissal’ and ‘wrongful dismissal’ against Pembrey and Burry Port Town Council

A former clerk for Pembrey and Burry Port Town Council has won her claim against her former employers for constructive unfair dismissal and wrongful dismissal

Complaints of protected disclosure detriment, protected disclosure dismissal and the wages breach of contract claim did not succeed and were dismissed.

The claimant’s claim has succeeded in part and her complaint under Section 38 of the Employment Act was upheld.

The case against the council was brought by Melanie Carol Cliffe and paints a picture of a dysfunctional council full of political in fighting and chaotic communication via emails where people were copied in to conversations rather than following correct procedures. Some of the councillors involved have since resigned.

The reasons for the claim were as follows: The claimant was employed by Pembrey and Burry Port Town Council as Town Clerk from January 2013 until her resignation on 12 February 2019. By way of a claim form presented on 3 May 2019, the claimant indicated she was bringing claims for constructive unfair dismissal, sex discrimination, notice pay, arrears of pay and “other payments.”

The ET1 rider [17 – 30] identified claims for whistleblowing detriment, whistleblowing Case Number: 1600580/2019 (V)2 dismissal, Equal Pay, Wrongful Dismissal, Failure to Provide a section 1 Statement of Terms, and “Breach of Contract and/or Constructive Unfair Dismissal.”

By way of an ET3 response form the respondent denied the claims.

The full report discusses the behaviour of a number of councillors  (named in the judgement) and a former employee of the council (Mr. Lee Fox) a former technical services officer.

The report found that: “the respondent (Pembrey and Burry Port Town Council) acted without reasonable and proper cause and in a manner which damaged trust and confidence” . The full Reserved judgement can be found here: https://www.gov.uk/employment-tribunal-decisions/mrs-m-caroll-cliffe-v-pembrey-and-burry-port-town-council-1600580-2019

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