Legal: Council’s ‘catastrophic’ loss as tribunal clears whistle-blower

 
Torbay Council has apologised unreservedly to a former assistant transport manager, after an employment tribunal found that Matthew Harper had been dismissed for challenging irregularities in a major contract award. Harper originally raised concerns about a 2003 procurement process for new refuse vehicles, in which one bidder was allowed to retender and reduce its bid from £50,000 above the lowest tender to £300 below it. After he raised the issue, all tenders were repriced but he questioned other aspects. He was told a subsequent internal audit had shown no irregularities and, following periods of sick leave, in August 2004, that he no longer had a job. The tribunal said the council had ‘lost catastrophically’, and awarded Harper £10,000 for aggravated damages, £10,000 for psychiatric damage, £15,000 for injury to feelings, £11,620 for loss of earnings, £36,550 for future loss of earnings, £108,686 for loss of pension and £10,260 for loss of pension lump sum. The council says it has tightened up its procedures on tendering and procurement and now has a comprehensive policy on whistle-blowing. Chief executive, Elizabeth Raikes, wrote to Harper to apologise unreservedly and for the stress and aggravation he suffered. The council has now launched its own independent investigation, which is due to report in September.

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