Ex-151 claims constructive dismissal over ‘serious concerns’ about Mouchel partnership

A section 151 officer who resigned after being suspended over accusations of bullying is taking Bournemouth City Council to an employment tribunal – claiming that she was constructively dismissed for “whistleblowing”.
Liz Wilkinson resigned from her post as executive director for finance in October, two weeks after the council suspended her pending an internal investigation “following complaints from a number of senior officers about the postholder’s behaviour”.

However, it emerged this week that Wilkinson has lodged a claim for constructive dismissal against the council at the Employment Tribunal.
A council statement released to Room151 today said: “The claim alleges that she has been unfairly constructively dismissed and subjected to detriment for having made protected disclosures, or having ‘blown the whistle’.”
Shortly before leaving the council, Wilkinson sent an email to all councillors, claiming that before her suspension, she had raised concerns relating to a service contract the council signed with supplier Mouchel in 2010.
The email, seen by Room151, says: “Before I leave the council’s employ, I believe I am duty bound to advise you that I was forced to raise serious concerns…regarding the cost, quality, performance and value for money” in relation to the contract.

She added: “Whilst I had had some success over the preceding two years in making a number of significant improvements to the original partnership agreement, by the late spring of 2014, I had reached the conclusion that the council was still likely to be paying as much as one third to one half more than the council would pay (circa £5-7m) if it simply provided the outsourced services itself, despite my best efforts to remedy matters to that point in time.”
Due to her growing concerns, Wilkinson had planned to begin a fundamental review of the value for money of the partnership, which was set to begin in October, she claims.
She said she had pursued the issue “properly in accordance with my statutory responsibilities through the proper governance channels of the council and in compliance with the council’s whistleblowing policy and procedures”.

However, a statement from the council said: “We actively manage the performance of our partnership with Mouchel, and we do not believe there is any substance to Mrs Wilkinson’s allegations.”
The council said the partnership had improved services, delivered more than £10m of savings, and that the company was sharing its cost bases with its acting 151 officer to ensure the council’s financial position is protected.
It said that it “rigorously disputed” Wilkinson’s claim that she was constructively dismissed and is “preparing a comprehensive response for presentation” at the tribunal.

Bournemouth’s 10-year partnership with Mouchel covers benefits, ICT facilities management, finance, human resources and payroll services, while a separate strand is targeted at supporting the council’s efficiency and transformation programme and saving 40% of the council’s budget. The contract also covers other commitments including job creation and shared services.

Liberal Democrat councillor Roger West this week wrote to council leader, Conservative John Beesley pointing out that two of Wilkinson’s predecessors had also left in controversial circumstances.
In his email, he said: “Enough is enough, I ask you my fellow councillors that we all respect the statutory post of 151 officer. We may not like the advice and professional concerns they give but they need to be supported.”

A preliminary hearing will take place behind closed doors at Southampton Magistrates Court on 13 February, where the tribunal will decide whether the case should go to a full hearing.

Photo (cropped) by James Robinson