Employment Tribunal – Day Two – Alison Mountney versus Wirral Council

31st January 2017

Day Two

There was a late start to proceedings this morning, with the case being delayed, before re-commencing at 11:20 AM rather than the planned 10:00 AM.

Attendees

Claimant

Mrs Alison Mountney, represented by Mr Simon Mountney.

Respondent

Surjit Tour, Director of Law, Wirral Council, represented by Mr Moore.

Witness for respondent

Kate Robinson, Wirral Council

Judge Robinson started with an apology for the slight delay, and confirmed that the panel had read all of the statements and the chronology for the respondent.

Upon the Judge’s request, Simon Mountney submitted the claimant’s chronology.

The Judge then acknowledged a difficulty with understanding areas of conflict within the statements, but explained that the issues would become clearer following Mr Moore’s cross-examination of witnesses for the claimant, starting with Alison Mountney.

Upon the Judge’s request, Mr Moore acknowledged for the respondent that Mrs Mountney’s disability regarding depression and anxiety was accepted and recognised as a disability.

The Judge stated that crucial to this acceptance was the question, “When did Wirral Council’s awareness of Mrs Mountney’s disability first occur?”

Mr Moore then accepted one qualifying disclosure which occurred on 9th February 2015.

The Judge stated that all witnesses had now provided written statements and that from the respondent’s point of view, Mr Moore would be challenging any discrepancies on behalf of his client. For the claimant, Mr Mountney could ask for clarification, but could not go over the whole statement.

At this point Alison Mountney took to the witness stand, swore on The Bible and began to face cross-examination by Mr Moore, for the respondent, upon her submitted statement.

Wirral In It Together statement

It became clear to us today that given the nature of the evidence that would be provided by witnesses, the uncertainty over scheduling of witnesses, and the planned length of hearing (9 more days including today), it would no longer be possible for us to attend every day, take a record of events and provide a correctly-balanced report.

We do apologise for this situation, and for the fact that this will be our final report, but it is largely due to the fact that the case had been reported publicly as a 5-day hearing, which later unexpectedly became a 10-day hearing.  We found ourselves in a position where we were not able to change our work schedule to meet these evidently changed requirements.

Important note

The name Dianne Kelly came up more than once in Alison Mountney’s witness statement. Just prior to the hearing breaking for lunch, Judge Robinson cautioned all present that the same Dianne Kelly was a serving member of Vernon Street Civil and Family Courts and that this presented a possible conflict and a potential obstacle to the hearing proceeding.  It had been presented and explained during the Alison Mountney witness statement that Dianne Kelly had been a full-time UNISON officer who had working connections with senior councillors and senior officers serving at Wirral Council, hence Judge Robinson’s misgivings over whether the case could proceed.

The Judge did confirm with his two colleagues, then state that from memory, Dianne Kelly had retired from her previous union role and neither he nor his two panel members had served alongside Dianne Kelly on any tribunal cases.

However, in view of Dianne Kelly’s position, he did further caution that he would make separate enquiries before seeking agreement that the case could continue.

He also emphasised that Dianne Kelly had not been accused of anything.

[Day One]

The case continues.


To assist public web searches, and web-crawling search engines that help to pinpoint names and keywords, we’re reproducing textual versions of the list of witnesses here and will copy this to each of the three posts we’ve made:

Surjit Tour; Kate Robinson; Joe Blott; Tony Williams; Fiona Johnstone; Clare Fish; Chris Hyams; Lesley Hales; Alison Mountney; Simon Mountney; Ian Upton; Rachelle Bramhall; David Davies; Elsie Graney; Anthony Martin Morton

About Wirral In It Together

Campaigner for open government. Wants senior public servants to be honest and courageous. It IS possible!
This entry was posted in Whistleblowing, Workplace trouble. Bookmark the permalink.

4 Responses to Employment Tribunal – Day Two – Alison Mountney versus Wirral Council

  1. wirralbizz says:

    PAUL I was there this pm and will be there tomorrow as having completed tax returns I award myself a break!

    I will avail you of my notes to do with as you will.

    After you left some scathing comments were made of the quality of management in Wbc which if true should worry every rate payer. The allegations covered councillors also and kinda align with Mr CRABTREE’S history as a type.

    A reference was ascribed to the former Ceo as to “taking over the asylum” heady stuff and it seems klownowski was writing on the nd and not on paper I

  2. Pingback: Court Out | Wirral In It Together

  3. Pingback: Employment Tribunal Case – Mrs A Mountney versus Wirral Council | Wirral In It Together

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