I missed last night's Brent Council meeting but checking the Twitter feed it is clear that Labour made no attempt to address the issue of a pay-off to Cara Davani, controversial head of Brent HR, who resigned recently:
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Ahead of the meeting Philip Grant had writtent the following email to his ward councillors:
Ahead of the meeting Philip Grant had writtent the following email to his ward councillors:
Dear Fryent Ward councillors,
You have probably heard that on Wednesday a Council spokesperson confirmed that Cara Davani, Brent’s Director of HR and Administration, is leaving the Council at the end of June, to take a career break. If you had not heard, you can read the announcement, and reaction to it, at:
While the Council’s statement praises ‘the significant contribution that Cara has made over the last 3 years’, it does not mention Ms Davani’s misdeeds, such as her vicious actions against a Brent employee as shown by findings of fact in the Rosemarie Clarke Employment Tribunal case. That case has already cost Brent Council probably a six-figure sum in legal fees, and will land the Council with a further bill, quite possibly a seven-figure sum (i.e. more than £1 million) in compensation, damages and costs when the remedy hearing makes its decision (likely to be in about three months time).
Given this background, and the serious damage done to Brent’s reputation by the finding that the Council “racially discriminated” against Ms Clarke, I am seriously concerned (as are many others) about the financial terms on which Ms Davani may be leaving the Council’s employment. She is leaving at the end of June, and I would not seek to interfere with her salary entitlement up to that date (even though any decent person would have resigned when the judgment was published last September, and any other Chief Executive would have either insisted on that resignation or taken immediate action to dismiss her for gross misconduct). However, that last salary payment should be the only further financial reward that Cara Davani receives from Brent Council.
There should be no other “payoff” or leaving payment of whatever description made to her. If Ms Davani has been “persuaded” to leave now, there is talk of a possible “compromise package” - which, I understand, following changes made to HR procedures during Ms Davani’s reign, would normally be agreed on by either the Director of HR or the Chief Executive. As she is the Director of HR, the Chief Executive (Christine Gilbert) is her friend and former colleague from Tower Hamlets Council and Ofsted, who she helped to bring into Brent in 2012, the interim Director of HR is to be Mildred Phillips (another former colleague, first brought into Brent as an interim consultant, then given a permanent position and promoted by Ms Davani to be her deputy), it would not be possible for the amount of any payment, even if one were deserved (which it most certainly would not), to be arrived at on an arm’s length basis. It may be that she is leaving now, while she still has “friends in high places”.
[And please don’t suggest that the terms of any payment might be agreed instead by Brent’s Principal Employment Lawyer - Ms Davani’s personal and business partner, Andy Potts - or by its Chief Operating Officer, Lorraine Langham, another former colleague of Ms Davani and Ms Gilbert at Tower Hamlets and Ofsted. It is the extent of this “cronyism” at high levels in Brent Council that has previously allowed Ms Davani to get away with her actions against Rosemarie Clarke, and other now-former employees of the Council.]
The is another financial aspect of Cara Davani’s leaving Brent which councillors need to ensure is handled properly. The full title of the Rosemarie Clarke Employment Tribunal case is Ms RC Clarke v. 1) The London Borough of Brent and 2) Ms Cara Davani. Ms Davani is a separately named respondent in the case, even though it appears that she did not have separate legal representation at the full Tribunal hearing, with Brent’s barrister (at Brent’s expense) effectively defending her as well. There should be no agreement made under which Brent agrees to pay, or indemnify Ms Davani in respect of, any award of compensation, damages or costs made against Cara Davani personally as the second respondent in the case.I also believe that Brent should make clear to Ms Davani that she will need to arrange and pay for her own legal representation in the case after she leaves the Council’s employment at the end of June.
At first sight, this may sound vindictive, as the case relates to actions she took while Brent’s Head of HR (although she held this role up to 31 March 2013 as a self-employed interim consultant) and as interim, then formally appointed, Operational Director of HR. However, it is clear from the evidence and findings of fact in the Tribunal judgement that her actions against Ms Clarke were totally contrary to the Council’s HR policy and practices, and that her victimisation of Ms Clarke was done for reasons of personal spite, as a result of Ms Clarke complaining of being bullied and harassed by Ms Davani. Her actions were therefore not in the proper performance of her duties, particularly when those duties were of Brent’s most senior HR officer, who should have been leading by example.
I hope you will agree with the two propositions which I have highlighted, and that you will take early action to see that these are put in place. I would suggest that you could ask for “Departure from the Council of the Director of HR and Administration” as an item to be put on the agenda for the Full Council meeting on 22 June, with the current Chief Executive (or her representative, if Ms Gilbert is not available to attend) making a statement about Ms Davani’s departure, and then giving members the chance to comment or ask questions. The Chief Executive should give at least outline details of any planned payments, over and above her basic salary to 30 June 2015, which are proposed, and in particular, be asked to confirm that Ms Davani will be personally liable for any award made in respect of her as the second respondent in the Rosemarie Clarke Employment Tribunal case, and that Brent will not pay, or indemnify her in any way, in respect of such an award against Cara Davani personally. I am copying this email to the Chief Executive, for her information.
Please acknowledge receipt of this email, and let me have at least a brief response to my comments, which reflect the views of many people, even though I am the one articulating them to you. Please feel free to forward this email to any of your fellow councillors, if you wish to seek their views before deciding what action you should take in response to it. Thank you. Best wishes,
Philip Grant