Thread by @John_Burgess001

Dear Leader of Kirklees Council,
I am writing to you and including all Kirklees elected members to advise you to step back from making a decision which could have long lasting public reputational damage for Kirklees Council.
#DefendPaulHolmes

I refer to the disciplinary hearing of Paul Holmes Branch Secretary of Kirklees UNISON and President of UNISON.

I have no idea as to what discussions or advice you were given when the decision to suspend Paul was made 21 months ago, but it was seriously flawed.
It’s worth reflecting on the following:

He is the elected President of UNISON nationally, a union with 1.4 million members.
He has been the elected Branch Secretary for Kirklees UNISON for 32 years.
Kirklees is one of the ten biggest branches in the union.

He has been a trade union shop steward for 46 years.
He has been on UNISON’s NEC for 14 years (elected 8 times).

It would be wrong to downplay down the significance of suspending Paul Holmes. He has rightly earned a reputation of being totally committed to his members and his track record for delivering for his members is second to none.

It worries me that you must have been made aware of the risks of this suspension yet still pursued this aggressive action by suspending Paul. Furthermore, by dragging out the suspension for 22 months Kirklees Council has added to the detriment and mistreatment of Paul Holmes.

I would add Employment Tribunals do not look kindly on employers who use suspension as punishment as suspension is supposedly a neutral act; being suspended for 22 months can not been spun as anything other than victimisation of a trade union rep.

The suspension of Paul Holmes for 22 months and counting, in my humble opinion, brings Kirklees Council’s reputation as an employer into disrepute.

Who made the decision to waste public money holding a Council disciplinary meeting in a four star hotel when there are plenty of suitable Kirklees Council spaces available at no cost to the Kirklees residents tax payers?

What do you think employees will thinking when they hear that Kirklees Council have suspended an employee for 22 months?

As a Labour politician you will no doubt be aware of the history of the trade union movement which is littered with stories of trade union reps being targeted by employers. I am advising you that if this disciplinary continues and Paul is dismissed,

then Kirklees Council’s name will be added to the list of rogue employers who have victimised a trade union rep.
I leave you with this.

The Yunus Bakhsh case which started with a suspension in 2006 and ended in the High Court in 2012.
I provide a link to the High Court case below.
Bakhsh, R (on the application of) v Northumberland Tyne & Wear NHS Foundation Trust [2012] EWHC 1445 (Admin) (28 May 2012)

“After a hearing lasting several weeks in March and April 2010, on 21 July 2010 an Employment Tribunal sitting in Newcastle found that the dismissal was by reason of his legitimate trade union activities and hence the dismissal was automatically unfair

pursuant to s.152 Trade Union and Labour Relations (Consolidation) Act 1992. The tribunal found that he had also been subject to disability discrimination. This decision was not appealed.

The written decision of the Employment Tribunal ran to well over 100 pages and, though I have not read every line of it, it appears to have been thorough and comprehensive and reviewed all the evidence in considerable detail.

It vindicated substantially the case advanced by the Claimant.”

bailii.org/ew/cases/EWHC/…
I see very clear links with this case and with what Kirklees Council is doing with Paul Holmes.

As a trade union rep of 42 years, I felt it was important that I approach you and all councillors at Kirklees Council to see if there is any way for you all to avert the impending disaster for your reputation as an employer.

I leave you on this point.
I will now set out my own analysis of what appears to be happening in Kirklees Council.

Paul is going to be dismissed regardless of how well he mounts a defence.
He will Appeal to the Council and I predict his Appeal will not be upheld.

The likely sacking of Paul Holmes Branch Secretary Kirklees UNISON and elected President of a union of 1.4 million members strikes to the heart of the trade union movement.

I am 100% certain that an Employment Tribunal claim for victimisation of a Trade Union rep will be lodged in support of Paul

I’m guessing a pot of money has been put aside to make an offer to settle outside the courts. This pot of money has already been used to pay his wages for the last 22 months.

I have news for you and your fellow councillors.
Whatever you offer Paul, he is not interested in money.

Why would public money be set aside to fund a lengthy suspension and pay the costs of expensive hotel bills for the hearing and, in the event of a dismissal, pay the legal and officer costs in Employment Tribunal

Employment Appeal Tribunal and to hear the case at the High Court as happened in the Yunus Bakhsh case.

The 45, 220 UNISON members who voted for him in the General Secretary election last year all know he publicly stated he would continue to take his workers wage and not take the £100,000 plus salary for the elected UNISON General Secretary role.

Are you prepared for a five-year relentless campaign to re-instate Paul Holmes, a campaign that will haunt Kirklees Council?

I believe there is time to avert this political disaster.
As Leader of Kirklees Council, you have that power. I hope you use it wisely.
Solidarity
John Burgess
Trade Union rep.
End.
#DefendPaulHolmes