Mum wants better policing of private firms after tribunal win (From This Is Cheshire)

Mum wants better policing of private firms after tribunal win

11:00am Friday 3rd February 2012 in News By Hannah Bargery

Paula Lee

A MUM has appealed for better policing of private companies after winning a constructive unfair dismissal case.

Grappenhall business Cornerstones, which provides residential care for young people, paid out more than £16,000 after an employment tribunal ruled partially in favour of former employee Paula Lee.

The 43-year-old, of Maple Road, Winwick, sold her family home in December 2010 so she could go through with the five-day tribunal in November last year.

She said: “No matter the cost I had to do it.

“I was quite fearful going into court but I had worked so hard and gathered so much evidence.

“The past 18 months have been horrendous and I will never get back what I have lost but I had to have faith the legal system would prevail.”

Paula, who had worked for the company as a residential care worker for nine years, accused her employers of direct discrimination, sexual harassment and constructive unfair dismissal.

Paul O’Leary and Mr Ardern, who jointly owned the business, resisted the claims.

After her brother died, Paula claimed in 2007 Mr O’Leary sent a number of ‘inappropriate texts’, brought champagne and a thong to her home and tried to kiss her but there had been no record of a complaint. In July 2010, Paula was summoned to a disciplinary hearing after an investigation into two claims which included buying an alcoholic drink while on duty.

This led to a final written warning.

The tribunal was ‘highly critical’ of Mr O’Leary’s involvement in the investigation.

They dismissed the claims of discrimination and sexual harassment but added that Mr O’Leary should have played no part in the investigation and called it a ‘breach of the implied term of trust and confidence’.

Paula added: “It’s been a long 18 months fighting for something and I was euphoric that the little person had a say.

“I’m glad I can move on but I would never work for a private company again.”

The qualified psychodynamic counsellor added she has sent a copy of the judgement to Ofsted and is now looking for a pastoral role at a school. The company did not wish to comment.