Mission disappointed by tribunal’s ruling on whistleblower case

Board of directors say they believe they acted within the law

The board of Arbroath Town Mission has expressed its disappointment following a damning employment tribunal judgment.

The group also said it wanted to draw a line under the matter after sacked former manager Wilma Swankie was awarded £19,298 for unfair dismissal.

The mission said it believed it had acted lawfully but it would not be appealing the decision which was made following a tribunal which lasted more than eight months.

However, Miss Swankie’s solicitor Nick Whelan has lodged a fresh complaint with the Office of the Scottish Charity Regulator (OSCR) questioning whether the directors are fit and proper people to be running a charity.

Miss Swankie, who had been employed at the mission since 1987, took legal action after claiming she was fired in July 2017 for going to the charity regulator and making protected “whistleblowing” disclosures.

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.

The judgment said Miss Swankie did “nothing wrong” and her dismissal was “completely unfair”.

A spokesman for the mission said the board of directors believed it was acting lawfully and in accordance with the Acas Code of Practice.

The judgment said one director, Moira Milton, “kept changing her evidence” and another, Derek Marshall, “sought to backtrack” and “similarly changed his evidence considerably on re-examination”.

It said 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 Whelan said he has now referred the matter to OSCR “to ensure they have complied with the legal obligations incumbent upon them”.

He said: “In particular, the tribunal has found that the trustees acted unlawfully with their interpretation of the mission’s constitution that appears to have prevented members from exercising their right to vote at a crucial time for the mission’s future.”

He added: “I am very concerned that the tribunal found that my client was legally justified in reporting her concerns to the regulators and lost her job as a result of this.”

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I am very concerned that the tribunal found my client was legally justified in reporting her concerns to the regulators and lost her job as a result SOLICITOR NICK WHELAN