Ayrshire council worker's unfair dismissal claim thrown out

Aug 21 2009 by Cheryl McEvoy, Ayrshire Post (main ed)

A COUNCIL worker has lost her unfair sacking case after spreading malicious gossip about the private lives of her colleagues.

Carrie Annabi emailed a 91-page document to every South Ayrshire Councillor containing nasty lies about 22 of her workmates and accusing the council of racial, religious, sexual and financial misconduct.

The employment tribunal heard how the 43-year-old was suspended from her job as an assistant principal officer over allegations she sent a crank Valentine’s card to the wife of a senior colleague.

He denied she was responsible and, as the card suggested, she was having an affair with the man.

However, handwriting experts brought in by the council concluded that there was strong evidence that she was the author, although she obtained a report from another expert – working from photocopies of the original card – who doubted it was her writing.

Ms Annabi, of Newark Crescent, Ayr, claimed that she was suspended for raising concerns about council funded services in March 2006.

She went on to lodge grievances alleging sex and religious discrimination, meaning disciplinary action regarding the Valentine’s card had to be halted.

Ms Annabi, who is a Muslim, claimed that she was called a “mad Muslim,” “sexy Sikh,” and asked by a senior official “are you a Paki lover?”

She was eventually dismissed in August 2007 over the email outlining her multitude of complaints.

Along with a number of matters of legitimate public concern were shocking allegations concerning the private lives of council employees – none of which were of any public interest.

The document named some 22 council officials who were variously accused of financial misappropriation, racial, religious or sexual discrimination.

She also accused officers of making sexual advances towards her and referred to rumours of inappropriate sexual liaisons between officers.

All allegations were unsubstantiated or false.

The email was also offered to MSPs and MPs.

The council concluded the allegations were unwarranted, malicious and served no purpose other than to discredit individuals.

Rejecting her claim of unfair dismissal, the tribunal noted: “Many of these allegations are serious, hurtful and calculated to be highly destructive of the private relationships of those whom they concern.

“We do not accept that rumours of the kind mentioned did truly circulate within the respondents’ organisation.

“But, even if such rumours were current, the repetition by the claimant of these rumours in the said document was not related to any legitimate public interest that she had, and was not justified and defamed the subjects of the statements.”

Stephen Miller, solicitor representing South Ayrshire Council, compared her to Walter Mitty and described some of her behaviour as bizarre, fantasist and delusional.

She claimed she had acted in good faith, but the tribunal found she had acted out of spite and that it would be impossible to see how she could have returned to work.

Employment judge Hugh Murphy said: “'In simple terms, the claimant took revenge on wholly innocent people when her grievances were not upheld.”

The council were however criticised for breaching their own procedures in the handling of the case.