The Courier & Advertiser (Perth and Perthshire Edition)
Sacked mission manager awarded £19k for ordeal
TRIBUNAL: Former Citizen of the Year believed facility had been acting illegally
The sacked former manager of Arbroath Town Mission has been awarded almost £20,000 following a damning employment tribunal ruling.
Wilma Swankie took legal action after claiming she was fired in July 2017, after two decades in work, for going to the charity regulator and making protected “whistleblowing” disclosures.
She raised concerns with the Office of the Scottish Charity Regulator (OSCR) over the mission’s constitution, following a difference of opinion over membership and voting rights.
Miss Swankie, Arbroath’s Citizen of the Year in 2015, believed the town mission was acting illegally in excluding people from becoming members if they did not regularly attend church.
Employment judge Ian McFatridge has awarded Miss Swankie £19,298 after describing her dismissal as “completely unfair”. He said Arbroath Town Mission had made “a complete mess of things”.
Mr McFatridge said the tribunal “found this a difficult case”, largely because it did not feel any of the three witnesses for Arbroath Town Mission “were either credible or reliable”.
The judgment stated centre manager Moira Milton “kept changing her evidence” and board member Derek Marshall “sought to back-track” and “similarly changed his evidence”.
It also said that fellow board member Andrew Inglis “appeared unwilling to answer questions” and when he did “he appeared to give whatever answer he thought would suit”.
Mr McFatridge said the crossexamination during the employment tribunal was “extremely lengthy” and the principal reason for this “was that Ms Milton kept changing her evidence”.
He said: “After a time it became clear to the tribunal that rather than try to assist the tribunal by giving honest evidence as to her recollection as to what had occurred, she would try to give whatever answer she thought might advance the respondent’s case.”
Mr McFatridge said the evidence of Mr Marshall “was in similar form” but he was “more aggressive in his fencing” with Miss Swankie’s solicitor Nick Whelan.
He said Mr Marshall “similarly changed his evidence considerably on re-examination” and withdrew various remarks he had previously made.
The judgment added: “Once again (Mr Inglis) appeared unwilling to answer questions. When he did, he appeared to give whatever answer he thought would suit.”
The judgment said the tribunal’s view was the principal reason for the dismissal “was indeed the fact that the claimant had made these protected disclosures”.
It said the procedure the mission adopted and way it went about dismissing Miss Swankie “was completely unfair and entirely out of line with employment law and practice”.
The tribunal lasted more than eight months.
At one point it heard how members stood outside the centre and prayed God would rid it of evil spirits.
A section of board meeting minutes was read out, stating: “The battle was not against flesh and blood but was a spiritual battle and Derek suggested that we go around and pray for it to take it back.
“The members then all went around the building, the garden, and the garden room, and prayed that God would remove all evil from the place and fill it with His Holy Spirit.”
In evidence, Ms Milton denied they were referring to Miss Swankie.