I’m not quitting, defiant Liverpool Culture Company chief tells staff

Aug 22 2007 by David Bartlett, Liverpool Daily Post

EMPLOYMENT experts last night warned the chief executive of the Liverpool Culture Company could have a good case for unfair or constructive dismissal.

Cllr Steve Radford, leader of the Liberal group, who has 30 years’ experience as a personnel manager, said the leaked e-mail had left the council “wide open” to unfair or constructive dismissal charges.

Freeman of the city and prominent solicitor Rex Makin said: “As far as employment law is concerned, this situation bristles with difficulty for the council and Jason Harborow.”

He said: “There are strict procedures which do not appear to have been followed. It appears they have been railroaded.”

Barry Harwood, a barrister specialising in employment law, said the issue Mr Harborow would have to make a judgement call on was whether he felt his position had been made untenable by the disclosure of the e-mail.

He said there was an implicit trust and confidence between employers and employees, and Mr Harborow would have to prove the relationship had been destroyed.

If the case went to an employment tribunal it would have to be decided if this had happened, on the balance of probabilities.

By remaining in post without lodging a formal grievance, anyone in Mr Harborow’s position could weaken their position if they decided to take action later, said Mr Harwood.

Read the email > > >